Better Budgets: What to Know About Your Immigration Lawyer Cost
According to Citizen Path, hiring an immigration lawyer in the United States can cost thousands of dollars, depending on the complexity of the case? Understanding the factors that influence immigration lawyer cost is essential for effective financial planning. Today, we're taking a closer look into the various elements that affect these expenses. Factors That Influence Immigration Lawyer Cost Hiring an immigration lawyer comes with a range of costs. Some people [...]
The “New” Alien Registration Law: Comply, or Else
By: Richard Hanus, Esq. April 25, 2025 Back in 1940 Congress enacted an “alien registration” law requiring foreign nationals to submit biographic details to the U.S. government by way of a formal registration process and carry proof of their registration. In the decades that have passed, the law became largely ignored, primarily because the vast majority of foreign nationals in the U.S. became automatically registered by entering on some kind [...]
Do Green Card Holders Have Good Reason to Put Off All International Travel?
By: Richard Hanus, Esq. March 28, 2025 These days I am getting unprecedented numbers of inquiries from Green Card holder clients who are seriously reconsidering plans to take short trips outside of the U.S. due to a fear they will be detained and/or denied reentry by U.S. immigration officials upon their return. What’s prompting these inquiries are a combination of rumors and actual stories of non-U.S. citizens who, upon [...]
It Was a Rough Week for Users of our Nation’s Legal Immigration System, COVID Vaccine Update
By: Richard Hanus, Esq. March 12, 2025 First, the lesson for all users of the U.S. legal immigration system: make sure you file the appropriate applications and petitions to achieve your U.S. immigration goals, and with special attention to the current form edition (not expired) in use per the US CIS website (https://www.uscis.gov/forms/all-forms ) Applicants for U.S. visas, green cards and U.S. citizenship face a complex maze of rules and [...]
Tackle Tough Timelines: Fast Service With the Best Immigration Lawyers
Did you know that immigrants comprise over a fifth of the population in four states? According to the United States Census Bureau, 26.5% of California's population are foreign-born. Across the nation, that percentage is roughly 13.7% of the nation. The problem with immigration is how convoluted the process can seem to both citizens and newcomers. It's not as easy as filling out a form online and sending it in. There's a specific [...]
It’s That Time to Start Thinking About H-1B Work Visas and Lottery Registration
By: Richard Hanus, Esq. February 10, 2025 We are in thick of winter and our immigration headlines are focused on Donald Trump’s vision for deporting all of our nation’s undocumented individuals and families and overturning well established law relating to automatic U.S. citizenship for those born here. While these noisy pronouncements make for potent messaging and merit our heightened concern, neither have much of a chance of succeeding. On the other hand, [...]
An Immigration Law Hurricane Rolled In: Sorting the News From the Noise
With one Trump administration already under our belt, our nation should already be familiar with the way this returning President does immigration law. U.S. immigration law is indeed one of his favorite talking and policy points and its main appeal for him has less to do with substance, and more about advancing potent political messaging. The flaws and blunders of our nation’s immigration system were among the main themes of [...]
Big Immigration Stories: Homeland Security to Refund $55 mil in Filing Fees, Temporary Protected Status Extended for 4 Countries, the Unknowns of Trump’s Immigration Plan
By: Richard Hanus, Esq. January 13, 2025 Parole In Place Refunds: In recent months, more than 90,000 undocumented spouses and stepchildren of U.S. citizens applied for a special “parole in place” status pursuant to the Biden administration’s “Keeping Families Together” program. Under this program, eligible applicants paid a $580.00 filing fee to be allowed to have their permanent resident status process completed in the U.S. and without having to face the current [...]
State of California Shuts Down Operations of Pretend Lawyer
By: Richard Hanus, Esq. December 24, 2024 As we near a second Trump administration entering office and implementing yet to be determined muscular immigration enforcement measures, expect to hear a steady increase in alarming stories of vulnerable immigrants getting scammed by charlatans. As the scams become more frequent and more brazen, it is incumbent on the public and law enforcement to keep a cynical eye on offers to fix an [...]
8 Ways a Criminal Immigration Attorney Can Help
The number of immigration cases that were presented in the courts of Chicago doubled last year to over 160,000 cases. With so many cases in limbo, how do you navigate the courts in a confident and efficient manner? If you're facing legal challenges related to immigration, you need someone in your corner who knows the ins and outs of the system. A skilled criminal immigration attorney, like Richard Hanus, can make [...]
The Day After: Memo to Immigrants Facing the Threat of Deportation
By: Richard Hanus, Esq. November 6, 2024 With a Donald Trump election victory and his upcoming, second term as President, millions in our nation's undocumented immigrant communities are in a state of despair, wondering what is going to happen to them come January. Assuming Trump follows through with some version of the massive immigration enforcement initiative he promised, below are my top 7 ideas for undocumented immigrants and their families [...]
Those Pet Eating, Drunk Driving and Drug Dealing Immigrants
By: Richard Hanus, Esq. October 15, 2024 Without question Donald Trump and his presidential campaigns have brought our nation’s broken immigration system to the headlines, albeit, frequently with questionable accuracy and unnecessarily dehumanizing language. But what if Donald Trump engaged in measured, realistic discussion about ways to fix the real problems plaguing our nation's immigration system? Most likely, he would be seen as serious but mainly boring and just another [...]
What Is Family Reunification? A Quick Guide for Separated Families
According to the USCIS, the U.S. welcomed nearly 880,000 immigrant citizens in 2023. But what is family reunification? For thousands of families, this process is a lifeline. Today, we're taking a closer look into the steps involved, the eligibility criteria, and the benefits of this essential immigration process, giving separated families the tools they need to start reuniting with their loved ones. What Is Family Reunification? Family reunification is a [...]
One Month Later – Biden’s Path to Legalization is at a Standstill
By: Richard Hanus, Esq. September 18, 2024 It’s been one month since President Biden put into motion his Executive Order granting certain undocumented immigrants a path to legalization but federal courts and lawsuits have led to a pause on the processing of applications. Importantly, the court-imposed pause does not prevent applicants from continuing to submit applications on the chance federal immigration authorities get the go-ahead to adjudicate these filings. Since the [...]
Best Chicago Immigration Attorney: Your Pathway to U.S. Residency
The immigration process in the United States is complex and stressful. Which means you need all the help you can get. For Chicago residents, it also means you need to find the best Chicago immigration attorney. But how do you go about finding the best immigration services? What questions should you be asking? Let's take a closer look into how you can find top Chicago immigration lawyers and what qualities [...]
US Immigration Finally Unveils Details for Filing Under New Legalization Program
By: Richard Hanus, Esq. August 18, 2024 With last Friday’s release of a filing guide and an actual application, U.S. Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) looks to be ready to launch a new legalization program that will benefit more than 550,000 undocumented spouses and step children of U.S. citizen. Starting August 19, DHS/CIS will begin receiving applications under the Keeping Families Together program, a first step for [...]
The Republican’s Shiny Object Campaign Message: Let’s Deport Millions!!
By: Richard Hanus, Esq. August 1, 2024 Immigrants living in the U.S. are scared, especially our nation’s 12 million undocumented foreign nationals, the majority of whom are otherwise law abiding and hard working and have deep family ties here, including U.S. citizen spouses and children. The upcoming election and the loud, muscular calls for mass deportations from the Republican side is the reason. Back in 1986, Ronald Reagan was President [...]
8 Things the Best Immigration Law Firms Have in Common
Whether you're looking for a green card or worried about deportation, working with an immigration lawyer is vital. Along with their expertise and experience, they'll also update you on the latest immigration laws. In most cases, it's such details that make the biggest difference in your case. However, you also have to ensure that you put your hope in the best immigration law firms. In this regard, there are some [...]
US Immigration to Begin Accepting Legalization Applications for Certain Undocumented Immigrants Next Month
By: Richard Hanus, Esq. July 17, 2024 The Biden Administration announced today that starting August 19, 2024, U.S. Department of Homeland Security/Citizenship and Immigration Services (DHS/USCIS) will begin accepting legalization applications of certain undocumented spouses and stepchildren of U.S. citizens. More than 500,000 foreign national spouses and 50,000 foreign national step children who entered the US without a visa stand to benefit from this “path to citizenship” program. As a [...]
Expert Deportation Lawyer: Protect Your Rights and Stay in the US
Are you worried about deportation and looking for legal help? Each year, thousands face the threat of being removed from the United States. Having a skilled deportation lawyer can make a significant difference in these challenging times. Today we're taking a closer look into how a deportation lawyer can defend your rights, help you fight deportation, and secure your future in the US. The Role of a Deportation Lawyer Deportation [...]
Biden’s New Immigration Plan: What You Need to Know, Including 4 Big Questions and Answers
By: Richard Hanus, Esq. June 18, 2024 In the Executive Order he announced today, President Biden establishes a path to legalization and a shielding from deportation for approximately 500,000+ foreign nationals who entered the US without a visa. Applicants will need to satisfy a number of important requirements, including proving that as of June 17, 2024: they have lived in the U.S. for 10 years AND they are married to [...]
Why Did My Green Card Application Get Approved Without an Interview?
By: Richard Hanus, Esq. June 10, 2024 Foreign nationals present in the U.S. and undergoing “I-485 adjustment of status”, aka Green Card processing are increasingly seeing their applications approved without an interview and sometimes in less than 90 days. This trend even covers applicants with cases based on their marriage to a U.S. citizen. Further, in recent months, while awaiting a decision on their I-485 adjustment of status applications, foreign [...]
Tactics for Navigating Your Personal Permanent Immigration Solutions
If you're one of the over one million immigrants who relocate to the U.S. each year, chances are you've encountered a large number of obstacles that are difficult to traverse. This is a daunting process for many people, and handling it can be overwhelming. Leveraging the right immigration solutions will help you avoid issues you may have otherwise encountered and become a U.S. citizen with ease. We've written a brief [...]
Fed Indictment: Fraud Ring Staged Armed Robberies to Establish Work Permit Eligibility
By: Richard Hanus, Esq. May 22, 2024 Immigration fraud is a big business and our society just received yet another reminder of how booming a business it is. Last week, the U.S. Department of Justice handed down an indictment of an immigration fraud ring alleging its ringleaders staged armed robberies across Chicago and the Midwest so that undocumented foreign nationals – paying thousands of dollars each - could pose as [...]
Adventures in Navigating the New Filing Fee Schedule: Green Card Marriage Applicants
By: Richard Hanus, Esq. May 5, 2024 Even for me, a 30-year immigration law veteran, the new US Department of Homeland Security/Citizenship and Immigration Services (US CIS) filing fee schedule can present a menacing head ache. In so many contexts, whether for an H-1B work visa petition, or a marriage based adjustment of status (Green Card) filing, the process of selecting the proper fee can be overwhelming, especially when the US [...]
What Are the Benefits to Becoming a US Citizen?
You might be surprised to learn that nearly 1 million people became lawful residents of the US in 2022. Coming to the US has countless opportunities, such as taking advantage of the country's robust economy. However, many would argue you can only fully experience what the United States has to offer when you become a citizen. We've created a brief guide that outlines the key information you should know before [...]
The Truth About Sanctuary Cities
By: Richard Hanus, Esq. April 6, 2024 Most Americans have heard about sanctuary cities, but few really understand what they truly are. I come to this conclusion based on the way this term, along with “open borders”, is thrown around in various media outlets and by certain politicians to strategically rev up emotion among their audience. In today’s world, a 2 sentence tweet carries the same weight as a multi [...]
California Green Card Marriage Fraud Ring: A Story of Profit and Prison Sentences
By: Richard Hanus, Esq. March 14, 2023 As access to our legal immigration system continues to be plagued by obstacles and exceptionally limited options, illegal avenues to life in the U.S. continue to make for profitable business for ambitious, unscrupulous entrepreneurs. One recent example involves an enterprise with 600 immigrant customers being charged $20,000 to $35,000 each to be set up in fake marriages in order to obtain U.S. resident [...]
How to Find the Right Asylum Immigration Lawyer for Your Case
Seeking asylum in a new country is a complex and emotionally charged process. If you're seeking asylum, you might not know where to look for help. An asylum immigration lawyer is your best chance for a successful case. As an asylum seeker, having the right immigration lawyer by your side can make a world of difference. However, finding the right lawyer for your asylum case requires careful consideration and research. [...]
Update: Imperfect Voter Registration Initiatives and the Dangers Faced By Noncitizens
By: Richard Hanus, Esq. February 17, 2024 Far too often, highly imperfect voter registration processes create moments of government assisted immigration suicide, whether it leads to a denied application for lawful permanent resident status ("Green Card") or U.S. citizenship or even the commencement of removal proceedings aka deportation proceedings. The good news is that in many cases, all is not lost and a solution for non-citizens facing a seeming immigration [...]
Immigration Law in Chicago: What Is the Deportation Process?
It's estimated that forty million people in the United States were born in different countries. While some of these individuals immigrated legally, others are undocumented immigrants. Either that or their visas have expired for one reason or another. In other cases, a foreign national might immigrate legally, but engage in an act or crime that subjects them to deportation. When this happens, the U.S. government will begin the deportation process. [...]
Everyone’s Talking About H-1B Visas, Lottery Registration and US CIS Filing Fee Increases
By: Richard Hanus, Esq. January 31, 2024 It’s always around Thanksgiving when chatter starts swirling about when the next chance to obtain an H-1B work visa will happen. A couple months later employers and their prospective H-1B workers get news that the H-1B visa lottery registration is a few weeks away and that parties need to put the pieces in place to avail of the process. With this week’s announcement [...]
Immigration Lawyer in Chicago, IL: When to Hire an Attorney
It's estimated that forty-five million people in the United States have immigrated here from other countries. Uprooting your entire life to come to the United States is already challenging enough. Sadly, U.S. immigration laws make things even more complicated. Whether it's the endless forms or the confusing array of visas, there's no shortage of hurdles standing in your way. If you're dealing with potential visa or deportation problems in the [...]
3 Big Immigration Stories: Texas Seeks to Enforce US Immigration Laws, Legal Pot Seller Denied U.S. Citizenship and Massive Immigration Fee Hike Ahead
By: Richard Hanus, Esq. January 11, 2024 Federal lawsuit alleges state overreach as Texas enacts its own immigration enforcement statute Per the U.S. Constitution and U.S. Supreme Court precedent, it is well established that U.S. immigration law, from the enactment of legislation to the enforcement of such measures, is a function falling exclusively within authority of the federal government. But what happens when an individual state finds federal government immigration [...]
Importance of Having an Experienced Chicago Immigration Attorney on Your Side
Imagine moving to an entirely new country only to find yourself in legal trouble. In recent years, Chicago has served as a major hotspot for immigrants in the United States. Unfortunately, this has led to a crisis where the city can't fully accommodate everyone who arrives. Migrant arrests, convictions, and deportations have skyrocketed as a result. It's crucial to have the right Chicago immigration attorney on your side if you're [...]
My Marriage is Broken and My Green Card Application Failed – Now What?
By: Richard Hanus, Esq. December 19, 2023 Marriage to a U.S. citizen or lawful permanent resident is one of the more popular avenues through which foreign nationals apply for U.S. lawful permanent resident status, also known as a “Green Card”. There are a variety of reasons a foreign national’s efforts at obtaining a Green Card can fail in this context, and below is a discussion of some of the more [...]
Being LGBTQ and Seeking Protection Under U.S. Asylum Law: What are the Requirements?
By: Richard Hanus, Esq. November 27, 2023 When it comes to LGBTQ foreign nationals who are present in the United States and seeking the protection of our asylum laws, I have noticed 2 important trends in recent years. First, it appears more nations across the globe are becoming increasingly inhospitable, to say the least, to members of its LGBTQ population. Second, the United States of America continues to be among [...]
How to Comply With Business Immigration Law
The federal government estimates that there are over 11.4 million unauthorized immigrants in the United States. There's fear that many of these immigrants are not paying their taxes and are receiving a living wage illegally. As such, any and all immigrant workers are put under a magnifying glass to ensure their legality. If your business has hired immigrants, then it's important to know how to protect yourself and your employees. Business immigration [...]
R.N.’s and Green Cards; A Bipartisan Legislative Proposal May Speed Up Processing
By: Richard Hanus, Esq. November 10, 2023 What is the best way to get a Green Card so I can live and work in the U.S.? This is a question I am asked dozens of time each month, and my answer is invariably the same. 1) Fall in love and enter into a bona fide, genuine marriage with a U.S. citizen (or in some cases a lawful permanent resident) or [...]
Proposed New Rules to Impact H-1B Work Visas, Especially the Annual Lottery
By: Richard Hanus, Esq. October 22, 2023 In the coming days, U.S. Department of Homeland Security/Citizenship and Immigration Services ("DHS/CIS") will be publishing a proposed rule that will significantly impact the way U.S. companies and foreign workers vie for a chance at one of 85,000 H-1B visas made available each year. Its implementation is still up in the air, but if the rule takes effect it will likely be in [...]
What Is An O-1 Visa?
Working in the United States and fulfilling the American Dream is a wish for many people in other countries. Immigrants fill millions of jobs throughout the country, availing of amazing opportunities they can't find anywhere else. Immigrants can apply for work visas and lawful permanent resident status (green card) based on their employment in the U.S. Some may eventually be eligible to naturalize and become U.S. citizens. As far as [...]
DACA, TPS & EAD’s: The Big Immigration Stories
By: Richard Hanus, Esq. September 24, 2023 DACA Deferred Action for Childhood Arrivals or “DACA” came to life in 2012 as an initiative allowing certain qualifying foreign nationals arriving in the U.S. as children, an opportunity to receive Employment Authorization Documents (EAD) and otherwise be shielded from deportation. Since its implementation by way of President Obama’s Executive Order, DACA has allowed for life changing benefits for 600,00 young adults. DACA has [...]
The Case of NY’s Marie Eiffel Market and How Abused Foreign Workers Have Recourse
By: Richard Hanus, Esq. September 8, 2023 A foreign national who obtains a U.S. work visa or otherwise enters the U.S. to fill a job can be particularly vulnerable to employer abuse, especially if that worker is desperate to make the U.S. their home and has few, if any, visa options to choose from to remain here. The good news is that foreign national victims of employer abuse have rights, [...]
Immigration Attorney Chicago: A Brief Guide to Temporary Visas
According to the Center for Immigration Studies, there were 59,011 ICE removals in 2019 from both border and interior removals. Although many of these individuals were seeking permanent residency, many temporary workers have also been removed. A vast majority of these deportees lacked legal representation in order to navigate the US immigration process. Obtaining temporary visas can be a difficult and complicated component of the immigration process to the United [...]
Marriage Fraud Trouble
By: Richard Hanus, Esq. August 21, 2023 Over the years I have come to take notice that our nation’s inaccessible legal immigration system, with its limited offerings, is one of the main incubators of the green card marriage fraud business and our fake immigration document market overall. It is also one of the primary causes of our nation’s expanded undocumented population, now in the many millions and over the course [...]
What to Expect From Removal Proceedings: A Guide by a Chicago Immigration Law Firm
Reports say 185,884 removals were conducted by ICE in 2020, a 30 percent decrease from the same period in 2019. If you are an illegal immigrant living in the United States, you may find yourself facing removal proceedings. When this happens, it is essential to understand what to expect. Removal proceedings are legal procedures used by the government to expel an immigrant from the country. If you are subject to [...]
I am Undocumented, But My U.S. Citizen Kid Just Turned 21: Can I Legalize My Status?
By: Richard Hanus, Esq. July 30, 2023 The undocumented foreign nationals I meet have been residing in the U.S. for periods ranging from 1 to 35+ years. They play a role in pretty much every aspect of day to day American life, working as grocery store clerks, mechanics, assembly line workers, home builders, chemists, nurses, caregivers, electricians, truck drivers, restaurant workers, restaurant owners, housekeepers, computer programmers, real estate agents, home [...]
What Qualities to Look for in Chicago Immigration Lawyers
The barriers to gaining a green card or citizenship in the United States are significant. On average, there are nearly four million people waiting for a quarter-of-a-million green cards in any given year. An immigration attorney can often improve applicant's chances for remaining in the United States, no matter the context. Are you looking for reputable Chicago immigration lawyers? In this article, we'll cover how to find the best immigration [...]
Big News for Central Americans Looking to be Reunited with U.S. Family
By: Richard Hanus, Esq. Published July 11, 2023 Last week, the U.S. Department of Homeland Security (DHS) announced a new program allowing certain Central American relatives of U.S. citizens and lawful permanent residents to enter the U.S. in the immediate future and to complete their resident processing here in the U.S. To be considered for entry under this program, the foreign national must: 1) be from (and currently residing in) [...]
7 Things to Look For in a Chicago Immigration Lawyer
The United States is the among the most popular immigration destinations for foreign nationals across the globe. Around one million people arrive each year as refugees, asylum-seekers, and permanent legal residents. Hundreds of thousands of people become US citizens every year. The immigration process can be daunting and overwhelming. There are many steps you need to take and taking the wrong one could have a catastrophic effect. You might consider [...]
U.S. Supreme Court: Biden Administration’s Immigration Enforcement Agenda Will Stand
By: Richard Hanus, Esq. June 26, 2023 Our nation is home to more than 11 million undocumented foreign nationals, a reality that has taken hold over the course of several decades and a half dozen presidential administrations. Whether overstaying their visa or entering the U.S. without one, these immigrants, with some exceptions, work hard, pay taxes, and but for their immigration violations, are otherwise law abiding. Like most of his [...]
Why Is This New Immigration Proposal Different From All Other New Immigration Proposals?
By: Richard Hanus, Esq. June 8, 2023 The Dignity Act is the name of the latest immigration reform proposal coming out of the U.S. House of Representatives. News of the bipartisan bill was announced last month and its language covers extensive ground, ranging from improving border security, to making asylum processing fairer and more orderly, to establishing a legalization program and path to citizenship for millions of our nation’s undocumented. [...]
11 Factors to Consider When Choosing an Immigration Law Firm in Chicago
In 2021, 13.6 % of the U.S. population was born in a foreign country. That means that a large number of people require the help of an immigration attorney. But finding the right immigration law firm is a challenging task. With laws and regulations constantly changing, it's essential to find an experienced legal team that understands your unique needs as an immigrant in Chicago. Whether you are seeking a visa, [...]
Immigration, Family and Death: Does the Green Card Process Die When the U.S. Petitioner Dies?
By: Richard Hanus, Esq. May 12, 2023 One of the questions I get asked most frequently has to do with the impact of a U.S. citizen or lawful permanent resident’s death on a pending petition they previously filed for foreign national family, whether waiting overseas or in the U.S. The answer varies depending on the circumstances, but many of my clients are pleasantly surprised to hear that not all hope [...]
What Are Deportable Offenses? A Chicago Immigration Attorney Answers
The United States is currently home to around 35 million lawful immigrants. Many are citizens but some are permanent residents - green card holders who have not yet become naturalized US citizens. Others are on short-term visas, such as student and employment visas. US citizens - whether from birth or naturalized - cannot usually be deported. If you're not yet a US citizen, there are reasons why you can be [...]
How the U.S. Immigration System Fails Desperate Healthcare Facilities and Foreign R.N.’s
By: Richard Hanus, Esq. April 23, 2023 News from the U.S. Department of State earlier this month paints a picture of an increasingly frustrating immigrant visa line foreign workers, like registered nurses, are forced to wait in before arriving in the U.S. The picture and long waits are ugly enough for foreign nurses and their petitioning employers to cut bait on all immigration efforts, or at least yearn for the [...]
After Finally Getting Your Green Card, There’s No Place Like “Home”
By: Richard Hanus, Esq. April 4, 2023 Being issued a Green Card, aka lawful permanent resident status, can be a huge game changer and bring a sense of relief for foreign nationals. An undocumented immigrant living in the U.S. for many years without lawful status who finally obtains a Green Card, for example, now has the freedom to travel back to their home country for the first time in perhaps [...]
8 Tips for Choosing an Immigration Law Office in Chicago, IL
The immigration process can be complex and overwhelming when handled without a lawyer. It is highly recommended that you partner with a qualified and experienced immigration lawyer to help you navigate the process. It ensures that you begin the process on the right foot and avoid making errors that will set your application back. If you are choosing an immigration law office in Chicago, IL, this blog post is for [...]
Immigrants Have One Less Reason To Visit a CIS Office
By: Richard Hanus, Esq. March 19, 2023 Ask any user of the U.S. immigration system and they will tell you that there are not many things more frustrating than trying to obtain case status or general information by way of a call to U.S. Citizenship and Immigration Service’s (CIS) 1-800 Customer Service line. The challenging user experience is made even worse when you seek to arrange an in-person appointment at [...]
8 Common Reasons to Hire an Immigration Lawyer in Chicago
Immigrants make up more than ten percent of the United States population. Immigrants aren't the only people who might need legal advice from an immigration attorney, either. Let's go through the most common reasons for hiring an immigration lawyer in Chicago. 1. Applying for a Green Card or Citizenship A green card (a nickname for a Permanent Resident Card), is a document issued by the government that allows a person to [...]
Marriage Fraud & Conditional Green Cards: If We Don’t Get You in the Wash, We’ll Get You in the Rinse
By: Richard Hanus, Esq. March 8, 2023 There are some moments in our lifetimes where we look back and vividly remember the exact sights and sounds, and no matter how far in the past or unsensational the moment. One of my favorite unforgettable immigration lawyer moments, was a simple, non-confrontational interaction with a veteran immigration officer at the then Immigration and Naturalization Service’s (INS) Chicago Field Office. It was the [...]
Green Card vs Citizenship: 5 Key Differences to Know About
Believe it or not, the U.S. accepts more immigrants than nearly any country in the world by a large margin. Every year, the U.S. grants over 140,000 new green cards every year, and welcomed over 800,000 new citizens after the pandemic backup in 2021! If you're considering moving to the United States, you have several options to choose from. Let's talk compare green card vs citizenship to see which route [...]
The Return of a Simpler Visa Stamp Renewal Program for Foreign Workers
By: Richard Hanus, Esq. Published – February 20, 2023 There used to be a time when a foreign national worker in the U.S. did not need to depart the country and appear at a U.S. consular post to renew their U.S. work visa stamp. Instead, that worker could send their foreign passport containing their expired work visa to a domestic U.S. Department of State office and within a period of [...]
6 Ways a Chicago Immigration Lawyer Can Help You
The United States of America is a country built on immigration. Even today, the country attracts more immigrants than anywhere else in the world. More than one million people come from other countries to the US each year. But immigration can be a tricky issue. There are all kinds of hurdles that need to be clear and these can be highly confusing to the average Joe. That's why it's a good [...]
Recent Immigration Policy: A Painful Acknowledgement of How Bad the Delays Have Gotten
By: Richard Hanus, Esq. Published – February 5, 2023 If you are a foreign national living in the U.S. trying to renew your Permanent Resident Card (aka “Green Card”) or Employment Authorization Document (EAD), chances are you are all too familiar with the extreme processing delays now plaguing our nation’s immigration system. Even sadder is that in so many ways, these delays were avoidable given that the rules governing eligibility and [...]
8 Things to Know About Family Sponsorship in the US
Immigrating to the US is a big commitment for those that choose to go through with the process, including for the U.S. petitioning family member. As of 2022, there are about 13 million people in the United States holding green cards. Unfortunately, this is not always a simple process. Obtaining a green card to reside permanently in the U.S. without a qualifying family member to petition you, or without particular [...]
U.S. Asylum and Dishonest Lawyers
By: Richard Hanus, Esq. Published - January 23, 2023 People fleeing persecution in their homeland because of threats to their life or liberty and on account of their political belief, social group, race, religion or the like are eligible to seek protection in the U.S. by way of our asylum laws. The legal standards are stringent, and most of the time, that is just half the battle. Getting to the [...]
Richard’s Immigration Wish List for 2023
By: Richard Hanus, Esq. Published December 26, 2022 Here are just a few of my hopes and dreams for our nation’s immigration system in the coming year. The wind is blowing against us on many of these, but that doesn’t mean we should not articulate the issues and try to advocate for change. This list, to be sure, is just a start. To U.S. Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) [...]
Common Immigration Issues: 5 Times You Need an Immigration Lawyer
It's the American Dream. Millions of people file for immigration status in the USA every year. But, with a very complex immigration process and limits on immigration, many of these applicants are denied. Whether you are applying for immigrant status as a family member, student, employee, or asylum-seeker, the applications are complicated. People make mistakes on their applications or run into immigration issues. This can lead to visa refusals. But, [...]
Must We Really Deport All of Our Undocumented? The U.S. Supreme Court Is About to Weigh In
By: Richard Hanus, Esq. Published December 6, 2022 Homeowners are a lot like governments. Both must give attention to the imperfections before them. In a house it might be broken windows, chipped paint, or even termites. In a government, it might involve a nation facing excessive corruption, broken highways, or even broken borders. Time and money, among other factors, will typically limit a homeowner or government’s ability to fix every problem it faces. Thus the [...]
Immigration Lawyers Association Honors Richard Hanus with the Beacon of Light Award
The Law Offices of Richard Hanus is proud to announce that the American Immigration Lawyers Association (AILA) Chicago Chapter honored Richard Hanus, on June 14, 2022, by presenting him with the “Minsky Beacon of Light Award.” The Beacon of Light Award is presented annually to an attorney who stands out in their dedication to the advancement of the field of immigration law and as an outstanding mentor to fellow immigration [...]
When the Worlds of Marijuana, State Law and U.S. Immigration Meet: Yes Means No
By: Richard Hanus, Esq. Published November 14, 2022 Mixed signals. This is the best way to describe our society’s stance when it comes to marijuana use and U.S. immigration law. Our state laws send one message, such as in Illinois where marijuana use and distribution is now legal. Our federal laws though send a completely opposite message, prohibiting these very same activities. When it comes to applying for a Green Card or U.S. citizenship [...]
Citizenship Filings Processed at Lightning Speed and Other Immigration Law News
By: Richard Hanus, Esq. Published October 30, 2022 Processing times for N-400 applications Lawful permanent residents living in the Chicago area and across the U.S. are seeing their applications for U.S. citizenship processed at record pace. For my clients across Illinois and Northwest Indiana filing N-400 Applications for Naturalization, we are seeing a total processing time of just 4-5 months – with applicants waiting 90 -120 days for interview scheduling and [...]
COVID and the Curveballs It Throws at Immigrants
By: Richard Hanus, Esq. Published October 12, 2022 The COVID pandemic continues to be one giant curveball for societies across the globe. The way we interact with one another, whether socially or for business, may never be the same. The pandemic has also led to significant changes in our legal systems and processes, including here in the U.S. and the way our immigration system functions. Extensive delays define the way many aspects of [...]
How Do You Petition a Family Member for a Visa? Ask a Chicago Immigration Attorney
Family-based immigration accounts for nearly 65% of annual lawful immigration to the U.S. In recent years, this number has been as high as 85%. Family reunification continues to be the backbone of the immigration system, and despite long backlogs of applications, it's still one of the best ways to immigrate to the U.S. So read on to learn from a Chicago immigration attorney about how to petition a family member for lawful [...]
Foreign Nurses, Green Cards and Employment Contracts: What Could Possibly Go Wrong?
By: Richard Hanus, Esq. Published September 21, 2022 A typical work visa holder in the U.S. often wonders where the grass might be greener as far as work environment is concerned. That is usually because their aunt has a friend…. who has a cousin…. who knows someone…. who enjoys better pay and conditions working a similar job. On the other hand, a typical U.S. work visa employer will often wonder how [...]
Reasons Why Your Green Card Got Denied – Chicago Immigration Attorney
United States immigration laws are notoriously complex. In addition to the plain bases of ineligibility, even a minor mistake on your green card application can lead to a denial. In fact, the United States Citizenship and Immigration Services (USCIS) denies thousands of green card applications each year. In 2021, UCSIS denied over 25 percent of the petitions they received. If your green card application was denied or delayed, a Chicago [...]
Lawsuits Against U.S. Immigration Can Work, Especially When a File is Stuck in a Government Basement
By: Richard Hanus, Esq. Published August 24, 2022 When it comes to a long delayed immigration filing, such as for U.S. citizenship or permanent residence, the decision to sue the government to compel a decision can be a tough one. Importantly, a lawsuit in this context is not to compel an approval on an application, although that’s what any applicant would hope for. Instead, the lawsuit is simply a request with a federal judge to [...]
Green Card Interviews – Why Are They Required? Are They Ever Excused?
By: Richard Hanus, Esq. Published August 10, 2022 With some exceptions, foreign nationals seeking to live and work permanently in the U.S. will undergo some sort of interview before being approved for lawful permanent status, aka Green Card status. If the applicant is overseas, the process culminates with an ”immigrant visa interview” conducted by a U.S. Department of State official at a U.S. consular post in the applicant’s country of [...]
I am a U.S. Citizen Residing Abroad But Soon Relocating to the U.S. – How Do My Foreign National Spouse and Child Get Green Cards ASAP?
By: Richard Hanus, Esq. Published July 18, 2022 U.S. citizens live and work all over the world and many of them will face substantial bureaucratic hurdles when it comes to relocating back to the U.S. One of the most common hurdles involves navigating the U.S. immigration process for their foreign national spouse, child and/or stepchild and trying to minimize any period of separation. How do I bring my family back to the [...]
The Dog Ate My Homework OR U.S. Immigration Can’t Process My Citizenship Application Because My File is Stuck in a Government Warehouse Basement
By: Richard Hanus, Esq. Published June 23, 2022 Over the course of the pandemic, people in the U.S. and around the world have gotten used to all kinds of inconveniences and delays. There is a new normal out there and we humans have by and large learned to adapt and adjust our expectations. The world of U.S. immigration and agency processing of applications such as for green cards and US citizenship [...]
What Are the Main Types of Immigration Visas?
With over 40 million immigrants in the USA, the country is no stranger to newcomers. However, despite the large number that has completed the process successfully, it can seem daunting to those who are about to begin the process or would like to immigrate to the USA and have no idea where to start. If you're thinking about immigrating to the USA, let's see if it's possible. Here are the [...]
4 Essential Q & A’s on One of the Most Important Defenses to Deportation
By: Richard Hanus, Esq. Published May 28, 2022 For foreign nationals living in the U.S. for an extended period without immigration status, one of the most often used and potent defenses to deportation is an Application for Cancellation of Removal for Nonpermanent Residents (FORM EOIR-42B). Whether they overstayed their visa or entered the U.S. without inspection, an undocumented foreign national who meets certain eligibility requirements may qualify for Cancellation of Removal, [...]
EAD Backlog: Immigration Authorities Implement Practical Fix for a Pressing Problem
By: Richard Hanus, Esq. Published May 3, 2022 Up until a few years ago, the renewal of Employment Authorization Documents (EAD) for foreign nationals residing in the U.S. was rarely a matter of news or drama. These days though, EAD holders and their employers are facing way too much challenge when it comes to following the law. What should be a boring, routine process for our legal immigration system has turned into [...]
Temporary Business Visa Requirements
Welcome to America—the land of opportunity! If you can make it here, you can make it anywhere. If you've taken the risk of emigrating to America, chances are you are here for a slice of the American Dream. If your "American Dream" involves owning a business, you are going to need to learn the steps of applying for a business visa. We're going to cover everything you need to know [...]
Nurse Recruiters and Alleged Marriage Fraudsters Face the Legal Music
By: Richard Hanus, Esq. Published April 11, 2022 This past week brought news of companies and individuals facing legal consequences for dishonest and even fraudulent U.S. immigration related enterprises. The transactions at issue involved foreign nationals being promised U.S. immigration benefits, such as lawful permanent resident status (green card), one by way of the filings of a registered nurse recruiter and the other by way of an "agency" offering to arrange [...]
Our Nation’s Nursing Crisis: How Quick Fixes to Our Immigration System Could Go a Long Way to Ease the Pain
By: Richard Hanus, Esq. Published March 24, 2022 While the U.S. faces an unprecedented healthcare worker shortage, our U.S. immigration system in theory potentially offers a variety of solutions toward bringing foreign workers here to fill these roles. This is especially the case for registered nurses, who work in a space the U.S. Congress, decades ago, has already designated as a “shortage occupation”. But notwithstanding our nation’s desperate need to [...]
Where to Find an Immigration Lawyer in Chicago
Despite the pandemic, the number of immigrants looking to make the U.S. their home has reached a 21-year high. Have you recently traveled to America? Are you hoping to apply for citizenship or remain in the country on a student or work visa? If so, it's in your best interests to consult with an immigration lawyer. After all, anti-immigrant rhetoric has been on the rise over the past several years. [...]
Ukrainians in the U.S. Get Temporary Protected Status: What is it? Does it Automatically Lead to Asylum or Green Card?
By: Richard Hanus, Esq. Published March 6, 2022 When grave humanitarian crises arise around the world, the U.S. government has the power to provide protection to citizens of impacted nations present in the U.S. by designating those foreign nationals for Temporary Protected Status (TPS). Whether the crisis is due to war, natural disaster or other extraordinary humanitarian circumstances, TPS allows foreign nationals of that country present in the U.S., and no matter [...]
What Is a K1 Visa?
If you are a U.S. citizen and want to marry a foreign national and bring them to live with you in the United States, it's generally not a simple process. One of the most often utilized options in this regard is the K1 visa. In many circumstances, this is the visa that makes the most sense to pursue. So what exactly is the K1 visa, and what can you expect [...]
Another week, another immigration scam story
By: Richard Hanus, Esq. Published February 20, 2022 As an immigration lawyer for the past 30 years, I have learned to never be surprised at the levels of creativity and deceit immigration scammers resort to in carrying out their schemes. The promise of financial opportunity and freedom in America is the golden lure for ambitious foreign nationals seeking to make a better life for themselves and families. The more desperate [...]
What to Consider Before Hiring a Chicago Immigration Attorney
Even if it is not a frequent thing, there will come a time in your life when you will need to hire a lawyer for court representation, legal advice, filing, and/or other services. Besides, whether you need immigration legal help individually, or on behalf of your business, one thing is for sure: you should select the right attorney for the best possible outcome. The truth, however, is that selecting the [...]
A Fresh, New Supply of H-1B Visas is About to Drop
By: Richard Hanus, Esq. Published February 1, 2022 The H-1B work visa season will soon be upon us and it’s time to start preparing. More specifically, starting Noon EST March 1, 2022 and through Noon EST March 18, 2022, registration for the online H-1B visa lottery opens, giving employers a chance at one of 85,000 H-1B visas and for an October 1, 2022 start date, the start of fiscal year [...]
Our Immigration System Just Became a Little More Welcoming for STEM Grads
By: Richard Hanus, Esq. Published January 22, 2022 Moving to the U.S. based on a job offer or professional skills is no easy task and can involve some of the most complicated bureaucratic processes our government has to offer. It’s not that the law is so complicated, as much as it involves a path riddled with hidden mines and obstacles that leave too many talented intending immigrants left looking elsewhere to [...]
7 Tips for Finding The Best Immigration Lawyer in Chicago To Represent You
Each year, there are more than 1 million immigrants come to the United States each year. However, the process to immigrate to the United States is very complicated and taxing. You may need the help of an immigration law firm to help you through the process. Are you looking for the best immigration lawyer in Chicago? Keep reading these top tips for selecting the best Chicago immigration attorney to work with. [...]
Big Changes: Expedited Employment Authorizations for Healthcare Workers & Interview-less Work Visa Processing
By: Richard Hanus, Esq. Published December 31, 2021 Inch by inch, our government is trying to clean up various messes left behind by the Trump administration when it comes to our nation’s legal immigration system. Whether it be neglected or poorly managed U.S. Department of Homeland Security/Citizenship and Immigration Services (US DHS/CIS) service centers or understaffed U.S. consular posts abroad, too many aspects of our legal immigration system are now facing monumental, yet avoidable, [...]
Another Legalization Program That Wasn’t
By: Richard Hanus, Esq. Published December 19, 2021 For the past 20 years, more than a few proposals to help millions of undocumented immigrants come out of the shadows have been presented for Congress’ consideration only to find their way to the waste heap. Each time a big legalization idea is up for serious discussion, I will generally write about it, only to be forced to pen a follow up account [...]
Chicago Immigration Attorney: Top Questions to Ask Before Hiring One
By Richard Hanus, Esq, Published December 11, 2021 Are you looking for a Chicago immigration attorney? An immigration lawyer can help you with all of your immigration needs. They are knowledgeable about the laws and regulations that govern U.S. citizenship, visas, green cards, deportation defense, naturalization and more. If you're in need of an experienced professional to represent your interests in court or before government agencies such as USCIS or [...]
Asylum Claim of Gay Man from Mexico Rejected By U.S. Court of Appeals
By: Richard Hanus, Esq. Published December 2, 2021 Under U.S. immigration law, foreign nationals fearing return to their home country due to persecution by their home government on account of their race, religion, political belief or social group are eligible for asylum in the U.S. In such cases it must be the home country government doing the persecuting, or a group the government is unwilling or unable to control. If these [...]
Dude, Where’s My EAD?
By: Richard Hanus, Esq. Published November 14, 2021 Next to a U.S. passport, or permanent resident card (“green card”), the Employment Authorization Document is perhaps the most valuable document issued by our immigration authorities. A valid Employment Authorization Document, or EAD, can make or break a foreign national’s life in the U.S., providing a legal basis to work, obtain a social security number and maintain a driver’s license. It can also impact [...]
Do You Really Need a Chicago Immigration Lawyer? Here’s How to Figure Out the Answer
By Richard Hanus, Esq. Many people do not appreciate how much value immigration lawyers create for individuals, families and companies looking to navigate our complex immigration system. They help to radically transform lives and companies by helping family members and key employees move to new countries. Maybe that is why the market for immigration lawyers is worth more than $5 billion every year! Of course, there are a lot of [...]
Battered Spouses and U.S. Immigration – 2021 Update
By, Richard Hanus, Esq. Published October 31, 2021 In the world of U.S. immigration law, a foreign national battered husband or wife, and sometimes child, may be eligible for special immigration benefits, including permanent resident status – and all without [...]
What to Look For in a U.S. Immigration Lawyer
By, Richard Hanus, Esq. You open up the mail and find a notice that your green card application is denied, or even worse, deportation proceedings are being initiated against you. What do you do now? This is when you need to contact an immigration lawyer. An immigration lawyer focuses on helping clients who are dealing with a wide variety of immigration issues. This includes benefits, citizenship, green cards, and visas. [...]
COVID Vaccine = Easier Entry into the U.S.
By: Richard Hanus, Esq. Published October 18, 2021 U.S. immigration law is confusing enough. Add the pandemic to the mix and the confusion increases exponentially. When it comes to foreign national entry into the U.S., a mish mosh of COVID related restrictions have been set in place over the past 21 months both from the U.S. side as well as via foreign nation restrictions. Factor in COVID related delays at U.S. consular [...]
4 Things to Know About Immigration Law
By, Richard Hanus, Esq. Almost 45 million people immigrated to the United States in 2019. For reference, the total population of the United States is about 320 million. 45 million is quite a large number, but the reality is that immigration is beginning to slow. While it's still increasing overall, the rate of increase is slowing, and we may very eventually see a decline. Changes to our immigration laws over [...]
The Biden Administration Rolls Out a New Approach to DACA
By: Richard Hanus, Esq. Published October 4, 2021 For the past decade, the Deferred Action for Childhood Arrivals (DACA) program has given more than 700,000 undocumented young adults a chance at a normal life, albeit only in renewable, 2 year increments. Since its inception though, DACA has been the subject of contentious political feuding and dozens of federal court challenges. In the past week, as Congress squabbles endlessly over pending infrastructure [...]
Legal Services Offered by U.S. Immigration Lawyers
By Richard Hanus Published September 26, 2021 Twenty-six percent of the United States' population is made up of immigrants from other countries, totaling approximately 85.7 million people . Furthermore, based on recent trends - including world politics and economics - the popularity of the U.S. as an immigration destination will only increase in the immediate future. For immigrants residing in the U.S., both in legal and undocumented status, there is [...]
The Latest on I-751 Receipts and DHS/CIS COVID Vaccine Requirements
By: Richard Hanus, Esq. Published September 19, 2021 I-751 Receipts Now Feature a 24 month Extension of Resident Status Foreign nationals obtaining lawful permanent resident status, also known as a “green card”, based on a recent marriage are accorded a 2 year conditional resident card – a process that is among the most popular U.S. immigration avenues. The process of renewing the 2 year card involves the filing of an I-751 Petition [...]
Best Immigration Law Firms: What to Look For
By: Richard Hanus, Esq. Published September 7, 2021 Are you or a loved one in need of an attorney to assist you with a United States immigration matter? Are you among the more than 800,000 immigrants looking to apply for naturalization in the country each year? Whether you are applying for U.S. permanent residence or naturalization, seeking asylum, or attempting to obtain a temporary U.S. visa, you need an experienced [...]
No Covid-19 Vaccination, No Green Card: New Requirement for Adjustment of Status Applicants
By: Richard Hanus, Esq. Published August 29, 2021 The Center for Disease Control and Prevention (CDC) just announced it now classifies COVID-19 as a “Class A inadmissible condition”, and applicants present in the U.S. seeking to adjust status to lawful permanent resident (green card) will soon be required to provide proof of vaccination. The COVID 19 vaccine requirement goes into effect for immigration related medical exams performed on or after October 1, 2021, adding [...]
How to Apply for U.S. Citizenship
By: Richard Hanus, Esq. Published August 22, 2021 Are you thinking about applying for U.S. citizenship? You're far from alone. The United States has long been recognized as a country that boasts plenty of opportunities and as a safe place for families to grow and thrive. That said, the process required to get into the United States has many legal requirements before you're admitted into the country as a citizen. [...]
2021 Update – Marriage Based Green Card Interview Horror Stories
By: Richard Hanus, Esq. Published August 10, 2021 Question: Which travels quicker – good news or bad news? Bad news, of course. “Train Wrecks” are exciting, interesting, sensational and satisfying. Yep, train wrecks sell! For instance – in the U.S. government [...]
The Grounds for Deportation From the United States
By: Richard Hanus, Esq. Published August 2, 2021 In 2018, over 300,000 immigrants were deported from the United States. While the U.S. houses millions of immigrants, there are plenty of ways the government can deem your status illegal and seek to send you back to your home country. Understanding grounds for deportation is crucial to gaining insight into ways a foreign national, non-U.S. citizent's future in the U.S. might be [...]
With Another Pause in the Program, Will DACA Immigrants Ever Find Peace?
By: Richard Hanus, Esq. Published July 26, 2021 It’s been almost 10 years since our nation put into action an initiative known as Deferred Action for Childhood Arrivals or “DACA” to allow undocumented immigrants brought to the U.S. as children to have a morsel of immigration status. This morsel came in the form of a 2 year, renewable employment authorization document and a shield from being deported. After various stops and starts in [...]
A Brief Overview of Biden’s Immigration Policy
By: Richard Hanus, Esq. Published July 18, 2021 America is more of a salad than a melting pot. More than one million people obtained lawful permanent resident status in 2019. They came from all over the world, bringing their skills and cultures into America. The White House has framed Biden's immigration policy as facilitating that mission. They promise to help thousands of immigrants establish homes in the country. But how [...]
The Cruelest Processing Delays Immigration Applicants Face These Days
By: Richard Hanus, Esq. Published July 12, 2021 Whether because of the pandemic or the previous administration’s lowered prioritization of many aspects of our legal immigration system, record setting delays in immigration processes have been many and far reaching. The two agencies most responsible for processing immigration benefits are the U.S. Department of Homeland Security’s Citizenship and Immigration Services (DHS/CIS) and the U.S. Department of State. The delays plaguing these [...]
Understanding the U.S. Refugee Law: Refugee Rights and Protection
By Richard Hanus, Esq. Published July 3, 2021 Are you a refugee? Are you trying to bring a loved one to the U.S. who is a refugee and in order to protect them? Refugee law can seem complicated and confusing to anyone who isn't well-versed in refugee rights and protections. Trying to navigate this area of law and its related processes without significant expertise and experience will undoubtedly be challenging. [...]
Life is About to Get Better For Pending “U” Victim Visa Applicants
By: Richard Hanus, Esq. Published June 27, 2021 Undocumented foreign nationals in the U.S. who have been the victim of certain types of crimes have a potent option in the U visa to legalize their status and eventually attain U.S. permanent residence (green card) and even citizenship. Now that option is even more powerful as a recently announced policy will allow applicants to have a chance to obtain an Employment Authorization [...]
The Different Types of Green Cards Explained
By: Richard Hanus, Esq. Published June 20, 2021 The Trump administration was not a positive force for immigrants in the US. However, recent changes made by the Biden administration make things far less difficult for immigrants to acquire a green card. If you're interested in how to get a green card, first consider what categories of eligibility are available. In this regard, there are various avenues to green card, and each [...]
Dipping our Toes In Legalizationland: ICE Prosecutors To Exercise Discretion Again
By: Richard Hanus, Esq. Published June 13, 2021 With 12 million or so foreign nationals residing in the U.S. without lawful immigration status, agents of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement department have no shortage of work to carry out. Indeed, this has been our nation’s steady reality for decades and our most recent ex-President ascended to office with promises to leave no undocumented person behind, [...]
5 Immigration Laws to Know About Before Moving to the US
By: Richard Hanus, Esq. Published June 5, 2021 For centuries, America has been a prime destination for international immigrants. If you're currently considering coming to the US, then following the law is paramount. Consistent with the public's perception, our overall immigration system can present problems now. Temporary detention centers are way over capacity, and Covid-19 hasn't made things easier. The pandemic has been causing extreme delays, supply shortages, and more. [...]
Disrupting an Immigration Nightmare: A Little Relief for Noncitizens Falling into the Voter Registration Trap
By: Richard Hanus, Esq. Published May 29, 2021 What do you get when you combine a motor voter system that too easily registers non-citizens to vote and federal laws that impose extreme immigration consequences for unsuspecting, inadvertent registrants and voters? I call it government assisted immigration suicide. Sounds hyperbolic, I know. But it’s the best way to describe how well intended laws designed to make voter registration quick and easy can also [...]
Understanding the Trump Immigration Law Changes
By Richard Hanus, Esq. Published May 23, 2021 During his four years in office, former President Trump transformed the immigration system in the United States. He issued more than 400 executive actions that cut legal immigration significantly . One of President Biden's priorities has been undoing much of former President Trump's legacy with his own executive actions. Yet, Trump immigration law has left a mark on the U.S. immigration system. [...]
Reversal of Bad Immigration Policy Just Quietly Happened and the Consequences for Immigrants and Their Employers are Huge
By: Richard Hanus, Esq. Published May 17, 2021 Attaining lawful permanent resident (Green Card) status by way of a job offer and one’s advanced education and/or experience is among the most obstacle ridden processes on our nation’s immigration benefits menu. There are countless ways the process can fail, whether the worker is abroad waiting to obtain an immigrant visa from a U.S. consular post or even more so, when the applicant [...]
State vs Federal Immigration Law: The Main Differences
By: Richard Hanus, Esq. Published May 7, 2021 With one million immigrants coming to the US every year, there are laws in place to control and regulate entry into the United States. It is important to understand that there is both state and federal immigration law. Although the two share many similarities, there are notable differences as well. This guide will compare the two so that you can be more informed, especially if you're [...]
SCOTUS Issues a Game Changer for Those Fighting Deportation
Published May 1, 2021 By Richard Hanus, Esq. The U.S. Supreme Court this past week issued a major decision regarding the way foreign nationals must be notified to appear for their initial court date for removal (aka deportation) proceedings. The decision was noteworthy in many regards, including that it bulks up the rights of immigrants fighting to remain in the U.S. and that it was penned by a notoriously conservative judge, with [...]
When to Hire an Immigration Law Firm
Published April 24, 2021 By Richard Hanus, Esq. Immigration is a hot-button topic in the United States, the topic of many a political debate. The laws regarding immigration in the U.S. have continued to shift and change in the wake of all this discussion. If you're attempting to navigate a tricky immigration situation, it's a difficult time. Not all legal immigration situations will require the assistance of an immigration attorney. [...]
The New Director of Homeland Security’s Immigration Agency Has Her Work Cut Out for Her
Published April 20, 2021 By Richard Hanus, Esq. U.S. immigration law is many things to many people. To the vast majority of the American public, it is what makes the loudest news in the general media. These days it’s all about what goes on at the U.S. southern border, and how things are, or are not, under control. But that story is just a tiny sliver of our nation’s overall immigration [...]
Putting an End to Visa Bans and Blank Space Rejections
Published April 6, 2021 By Richard Hanus, Esq. Visa Bans: On April 20, 2020, as it became obvious the pandemic was neither a hoax nor a societal challenge that would simply “disappear”, President Trump tweeted: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United [...]
The Green Card and Naturalization Processes Just Got Easier
Published March 22, 2021 By Richard Hanus, Esq. The Biden Administration recently removed two significant Trump-era obstacles for applicants seeking lawful permanent residence (Green Card) and U.S. Citizenship. These obstacles were seen by many as purposeful government strategies aimed to cut down on the issuance of U.S. immigration benefits for foreign nationals and without a solid public policy purpose. Just as important, it seemed the Trump administration’s implementation of the [...]
It’s the Time of the Season, When Love of the H-1B Runs High
Published March 7, 2021 By Richard Hanus, Esq. It’s H-1B work visa registration season, and by the end of this month, US Department of Homeland Security/Citizenship and Immigration Services (US CIS) will have completed its selection of 85,000 lucky registrants for the H-1B visa lottery. Starting Noon EST on March 9, 2021, the online H-1B visa registration period will open for the fiscal year 2022 - which itself starts October 1, 2021. The registration [...]
Biden Reaches For the Stars and Starts an Important Immigration Conversation
Published February 22, 2021 By Richard Hanus, Esq. It’s been more than 20 years since our nation has enacted any significant legislation to allow our nation’s undocumented population an avenue to legalize their status. The most recent provision, Section 245(i) of the Immigration and Nationality Act, was neither simple nor straightforward. It was potent, though, affording hundreds of thousands, if not millions, of otherwise law abiding foreign nationals without immigration status a path [...]
6 Big Immigration Happenings Under President Biden
Published January 26, 2021 By Richard Hanus, Esq. Even before President Biden took office, the nonstop flow of news relating to immigration law began. How will things be different with President Biden when it comes to immigration law and policy, especially after 4 years of the Trump administration’s harsh tone and policies? In the past 10 days, the Biden administration has announced dozens of important immigration initiatives, some being Executive [...]
Facebook Live Event: Save the Date – Post Inauguration Immigration Law Update and Q & A
Published January 8, 2021 By Richard Hanus, Esq. Join us on Thursday, January 28, 2021 @ 7:00 pm CST when we will be getting the first glimpse of any new immigration policies Joe Biden has in mind for the start of his presidency as well as his possible agenda for major immigration legislation. Richard Hanus will discuss the immediate and near future impact a Biden presidency will have on our [...]
How to Get a Green Card Through Your Job
Published January 3, 2021 By Richard Hanus, Esq. After family based immigration, the next most popular avenue to live and work in the U.S. on a permanent basis is the “green card” by way of a job or job talents. Most employment based paths to lawful permanent resident (green card) status, require a financially viable employer to offer the foreign national a job and where U.S. workers are unavailable to [...]
How to Get a Green Card For Your Parent
Published December 27, 2020 By Richard Hanus, Esq. There are a couple dozen ways a foreign national can come live in the U.S. as a lawful permanent resident (aka as a “green card” holder) with most involving either a family or employer/employee relationship. When it comes to family relationships, an adult U.S. citizen’s petition for their foreign national parent is among the most popular and efficient processes available. The basic [...]
How Much is Too Much? When Visiting the U.S. Can Be Hazardous to Your Immigration Health
Published December 20, 2020 By: Richard Hanus, Esq. Approximately 80 million foreign nationals visit the U.S. annually. They come to see family and friends, attend special celebrations, visit tourist attractions and conduct business meetings. They enter on B-1/B-2 visitor visas issued by U.S. consular posts abroad or without visas, if they are Canadian or pursuant to the Electronic System Travel Authorization (“ESTA”) program if they are citizens of certain nations. Two common question presented on [...]
How to Get a Green Card for Your Child
Published December 1, 2020 By: Richard Hanus, Esq. A foreign national has more than a few ways available to facilitate lawful permanent residence, aka “green card” status, for their child. The exact path the process takes depends on a variety of factors, including whether the child’s parent is a U.S. citizen, a lawful permanent resident or is just in the process of obtaining permanent resident status. Also important is whether the child being [...]
How the Anxiety of Becoming a Naturalized U.S. Citizen is About to Double
Published November 26, 2020 By: Richard Hanus, Esq. Becoming a U.S. citizen can present numerous challenges for applicants, whether intellectually, logistically or in many cases, emotionally. A deeply personal and meaningful process in the hands of a U.S. Department of Homeland Security immigration officer is an experience that can cause many foreign nationals to feel uneasy and full of angst, no matter their eligibility or confidence in other aspects of life. [...]
The Top 5 Ways It’s a New Day for U.S. Immigration Under A Biden Administration
Published November 14, 2020 By: Richard Hanus, Esq. In recent memory there has not been an administration as singularly focused on immigration law as President Trump's. Donald Trump ascended into office because of loud immigration rhetoric, and while in the White House, dedicated a massive effort at transforming our nation’s immigration policies impacting both illegal and legal immigration. As to curtailing illegal immigration, although he failed to round up and [...]
How To Get A Green Card Through Marriage
Published November 9, 2020 By: Richard Hanus, Esq. Obtaining lawful permanent residence, or green card status, by way of a genuine, bona fide marriage to a U.S. citizen or a lawful permanent resident is one of the more commonly used processes under U.S. immigration law. Much of the time processing of a marriage based filing remains straightforward, although a number of factors can complicate things, such as sudden changes in [...]
Save the Date – Facebook Live Event – Post Election Immigration Law Coverage and Q & A
Published November 3, 2020 Save the Date - November 23, 2020, 7:30 pm CST - when Richard Hanus will break down how the outcome of the presidential election impacts our nation’s immigration law landscape. Richard will also entertain all of your questions and provide practical feedback and insight. We look forward to your participation at this live event at: https://fb.me/e/285dn9Pmo. Please forward your questions in advance to rhanus@usavisacounsel.com or through our [...]
In Home Stretch of Re-election Campaign, Trump Pumps Up the Volume on Deportations and H-1B Visa Restrictions
Published October 9, 2020 By: Richard Hanus, Esq. Pecking Away At H-1B Visas: Over the past 7 months, the Trump Administration has unleashed a deluge of measures impacting our legal immigration process, both for family based, and job based filings. In the workplace context, it’s become significantly more complicated for employers to hire and retain foreign nationals or otherwise comply with our immigration laws. Not only is the Administration not creating more “merit [...]
Mark the Date – October 21, 2020 – Richard Hanus Takes Your Questions In His Next Live Immigration Law Forum!
Published October 5, 2020 Richard Hanus will shed light on all of your simple and complex immigration law questions. October 21, 2020 is the date and you can participate in this live event at : https://fb.me/e/4pPLlRbfg Submit your questions during the event on October 21, or in advance to rhanus@usavisacounsel.com or through our website contact form https://www.usavisacounsel.com/contact and Richard will do his best to incorporate discussion on your question. At our last [...]
How Do I Apply for a Green Card ?
Published September 23, 2020 By: Richard Hanus, Esq. How do I get a green card in the U.S.? It’s one of the more common questions an immigration lawyer gets asked. The answer is many layered and involves dozens of variables, but in the end there are some basic principles that the asker of this question will want to know about, and here they are. First, what is a [...]
Q & A with U.S. Immigration Law Expert, Richard Hanus – Attorney at Law
Published September 2, 2020 Tune in on September 17, 2020 at 7 pm CDT when I will be hosting the first of a series of live web events to address the latest U.S. immigration law issues facing individuals, families and businesses. See: https://www.facebook.com/events/633307637623680/ I will answer your questions on topics ranging from green cards, U.S. citizenship, work visas and defense in deportation/removal proceedings. Whether you are in the U.S. or [...]
With Filing Fees Skyrocketing in October, Now Might be the Perfect Time to Apply to Become a U.S. Citizen
Published August 26, 2020 By: Richard Hanus, Esq. As of October 2, 2020, the U.S. Department of Homeland Security’s immigration benefits arm – Citizenship and Immigration Services (CIS) - is set to increase filing fees on a variety of applications. Most notably, the filing fee to submit an N-400 Application for Naturalization, currently totaling $725.00, is scheduled to skyrocket to $1,170.00 when the new fee schedule takes effect. Other filing fee increases [...]
Uncertainty All Around For DACA and U.S. Immigration Operations In General
Published July 30, 2020 By: Richard Hanus, Esq. The nonstop, unprecedented flow of immigration news continues, including with regard to the impact of the U.S. Supreme Court’s decision rejecting the Trump Administration’s attempt to terminate the Deferred Action for Childhood Arrivals (DACA) Executive Order. For certain, since the SCOTUS ruling, the Administration has waffled about DACA’s future, first making it clear it was going back to the drawing board to [...]
10 Years Just Happened in 3 Months – An Unprecedented Volume of Immigration Law Events
Published July 16, 2020 By: Richard Hanus, Esq. In my 25+ years as an immigration lawyer, my area of practice has never been as important or relevant as it is today. This Administration has made it this way, bringing U.S. immigration law into the spotlight as one of the bedrock issues of its campaign and presidency. Whether it really merits this level of attention is questionable, given other more pressing problems plaguing [...]
Supreme Court Administers CPR and Revives DACA…..For Now
Published June 30, 2020 By: Richard Hanus, Esq. Deferred Action for Childhood Arrivals – better known as DACA – was an Executive Order issued by President Obama in 2012 after our Congress was unable to agree on an appropriate answer to our nation’s “12 million undocumented” state of affairs. Once in place, DACA allowed approximately 700,000 young adults who were brought to the U.S. illegally as children to gain legal [...]
A Chokehold On Legal Immigration: 6 Things to Know About the Extended Immigration Ban and Where Things are Headed
Published June 23, 2020 By: Richard Hanus, Esq. 1. The Administration says it is looking to protect or create American jobs with the latest immigration ban and eventually seek to establish a merit based immigration system. But a close look at the Administration's actions for the past 3+ years will reveal a methodical strategy to thwart practically every process available for individuals and companies to utilize established immigration laws. With [...]
Immigration Related Government Offices Inching Their Way Back To Normalcy
Published June 11, 2020 By: Richard Hanus, Esq. U.S. Department of Homeland Security – Citizenship and Immigration Service local offices (US DHS/CIS): In the past week, the public has seen the first signs of normal operations at US DHS/CIS offices across the U.S., including the Chicago Field Office. Approved applicants for U.S. citizenship who have been waiting to be scheduled for a ceremony to be sworn in as U.S. citizens are finally [...]
Update: Immigration Options for Healthcare Professionals in the Age of Covid-19
Published June 7, 2020 By: Richard Hanus, Esq. Although the April 20, 2020 Executive Order on Immigration placed significant obstacles to immigration into the U.S., important exceptions were made for healthcare workers. Further, the U.S. Department of State had previously announced its intention to give priority and expedited visa processing for healthcare professionals seeking to enter the U.S. during the Covid-19 pandemic. Specifically, the U.S. Department of State on March 26, 2020 [...]
Another Federal Court Win For Work Visa Employers and Workers; Do We Really Want to Put Out the Unwelcome Mat for Talented Foreign Students?
Published May 28, 2020 By: Richard Hanus, Esq. Securing approval of an immigration petition filing to facilitate the employment of a foreign professional and issuance of an H-1B visa has only gotten harder over the years, especially under the current administration. But in response to lawsuits filed challenging the legality of denials of H-1B petitions for workers assigned to 3rd party work locations, the federal government has agreed to settle the dispute and [...]
Large Scale H-1B Visa Lawsuit Settled; The Latest on Immigration Office and Court Operations
Published May 13, 2020 By: Richard Hanus, Esq. Update: One Year and a Federal Lawsuit Later, DHS Finally Approves 150 Pending H-1B Filings for Lab Technologists I cannot recall a time when so many federal lawsuits to compel or correct decisions by the Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) have been filed. One recent example is the lawsuit filed by Management Healthcare Systems LLC (doing business as MedPro Staffing) [...]
The New Executive Order on Immigration: 6 Essential Insights
Published April 22, 2020 By: Richard Hanus, Esq. 1. It was the evening of April 20, 2020 and President Trump tweeted an ominous new policy on immigration - a measure as sweeping and extreme as it gets: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend [...]
US CIS Rolls Out New H-1B Visa Registration: A Story of Success and Glitches
Published April 14, 2020 By: Richard Hanus, Esq. By the end of last March, US Department of Homeland Security/Citizenship and Immigration Services completed its selection of 85,000 lucky registrants for the H-1B visa lottery. Employers submitted a total of 275,000 electronic registrations during a 3 week period last month to claim from the supply of 85,000 visas. Except for a very small percentage of registrations now in question, the process [...]
Covid-19 and the Latest on Immigration-Related Government Office Operations and Policies
Published April 1, 2020 By: Richard Hanus, Esq. I will start with the most recent events. The first concerns removal/deportation proceedings against detained (in custody) immigrants. Just yesterday, a variety of immigration lawyer advocacy groups, on behalf of several detained foreign nationals, filed suit against the U.S. Department of Justice and the Executive Office of Immigration Review (EOIR) to put a halt to the policy of requiring attorneys and their detained [...]
U.S. Immigration Offices and Courts – Confusion, Delay and Finally Some Definite News
Published March 19, 2020 By: Richard Hanus, Esq. The last few weeks have been a whirlwind, even a hailstorm, of information, misinformation, panic and confusion. On the most basic level, the lack of definite information about the extent of the coronavirus in general has been alarming. Of course there was and is so much we do not and could not know. On the other hand, the amount of knowable, concrete [...]
U.S. Supreme Court: Providing False Information on Form I-9 Can Lead to State Criminal ID Theft Charges
Published March 5, 2020 By: Richard Hanus, Esq. Form I-9 is the document employers and employees complete and sign to confirm an employee’s eligibility to be lawfully employed in the U.S. For foreign nationals residing and working in the U.S. without immigration status, completion of the I-9 often involves a complicated and perilous set of decisions, especially when the worker is submitting a job application under an assumed name and/or [...]
Health Care Staffing Company Sues DHS Due to Inaction on Long Pending H-1B Visa Filings
Published February 20, 2020 By: Richard Hanus, Esq. When a U.S. company seeks to have a qualified foreign national fill a professional type position in the U.S., an H-1B visa petition is the typical go-to route, although obtaining approval these days can be tricky. Whether because of the limited yearly supply of H-1B visas available or due to the recent trend toward heightened, even unlawfully high, scrutiny, getting an H-1B [...]
The New Public Charge Rule
Published February 8, 2020 By: Richard Hanus, Esq. With the U.S. Supreme Court’s recent green light, U.S. immigration authorities have announced it will start applying new “public charge” restrictions on February 24, 2020. The new set of public charge rules expand the discretionary authority of agency officials to deny green card applications and allow for more factors to be considered in determining whether an applicant is likely to be become [...]
California Immigration Lawyer Goes to Prison
Published January 16, 2020 By: Richard Hanus, Esq. A California immigration lawyer was recently sentenced to 18 months in federal prison and ordered to pay back taxes for her participation in an extensive and highly profitable visa fraud scheme. The scheme involved the preparation and filing of hundreds of fraudulent work visa applications and failure to pay income tax over a 17 year period. Mihae Park, a 54 year old [...]
2 or More DUI Convictions Are Now a Greater Obstacle for Immigration Applicants
Published December 31, 2019 In a recent ruling, the Attorney General of the United States announced a policy that will make it more difficult for foreign nationals with 2 or more driving under the influence of alcohol convictions to defend against deportation proceedings or ever become a U.S. citizen. The directive arose in the context of defining “good moral character” for purposes of undocumented foreign nationals fighting removal proceedings (also [...]
Trump Administration Seeking Massive Increases in Immigration Filing Fees
Published December 8, 2019 Many prospective applicants for immigration related benefits are looking to stay a step ahead and submit their filings before a massive increase in application fees may be taking effect in coming months. More specifically, an increase in filing fees has been proposed for a wide array of applications submitted for consideration by U.S. Department of Homeland Security’s Citizenship and Immigration Services or “USCIS” (DHS’ immigration benefits [...]
DACA Argued Before The U.S. Supreme Court
Published November 14, 2019 In 2012, President Obama issued an executive order allowing undocumented foreign nationals who arrived in the U.S. under the age of 16 to be shielded from deportation and issued an employment authorization document. Eligibility for coverage under the Executive Order – Deferred Action for Childhood Arrivals (DACA) depended on a number of factors, including whether the applicant had a serious criminal background and was physically present [...]
Federal Court Injunctions Put a Halt to New Public Charge Rules
Published October 29, 2019 Conversations involving the hot topics of public benefits and immigration have turned scary these days. That is because these are two of the biggest go-to issues for the Trump administration when it comes to political messaging and rousing up supporters. However, in just the past week 5 federal judges, presiding over 5 separate legal challenges, have ruled against the Trump administration. The rulings put a halt [...]
Immigration Judges Union Alleges Unfair Labor Practices
Published October 15, 2019 In all, there are more than 400 immigration judges in the U.S., and they are employed by the U.S. Department of Justice’s Executive Office of Immigration Review (DOJ/EOIR) to preside over removal proceedings and essentially decide who gets to remain in the U.S and who must depart. Of course, there are laws that govern the decision-making process, and the judges making these decision are charged with [...]
Meet Richard Hanus, the attorney whose real-life case became the hit play, “The Courtroom”
Richard Hanus with producer, director, the Keathleys and cast Richard Hanus never thought he’d be a silent star of a major New York play. But the veteran Chicago immigration attorney is just that as the play “The Courtroom” began its latest run in the Big Apple on Oct. 24, and with the next production slated for December 9. The play is based on a full transcript of court [...]
Appeals Filing Fee May Skyrocket; Processing Times for Chicago Area Applicants
Published September 22, 2019 Administration Aims to Dramatically Increase Filing Fees for Appeals In an effort that will effectively deter appeals of certain immigration decisions within the deportation court system, the Trump administration is reportedly advancing a regulation to dramatically increase the filing fees associated with such appeals. The regulatory proposal being considered would increase the current filing fee of $110.00 by 900% to a total of $975.00 in [...]
Deferred Action Comes to an End
Published September 22, 2019 In an abrupt, yet not surprising policy decision, the U.S. Department of Homeland Security announced it is putting a halt to a Deferred Action program that has been a part of the immigration law and prosecutorial discretion landscape for more than 4 decades. The political reasons for this announcement are obvious, but there exists no real practical reason for the program’s termination since it’s been employed [...]
The New, Sharper Teeth of Existing Public Charge Provisions
Published August 31, 2019 Concerns about new immigrants becoming a “public charge” and dependent on U.S. government resources, have pretty much always been a part of our immigration related legal landscape. Form I-864 Affidavit of Support – a document required for the final stages of nearly all family based immigration filings - is the most well known representation of this concern. Typically U.S. based petitioning family members are required to [...]
Richard Hanus Talks Immigration Law, Business, and Politics on Scott Becker’s Business Leadership Podcast
Published August 31, 2019 Richard Hanus recently appeared on the popular Scott Becker Business Leadership Podcast, discussing a myriad of topics such as practicing immigration law in the Trump era, starting his own law firm and deciding on a professional path. PUBLISHED August 31, 2019– “IMMIGRATION LAW FORUM” Copyright © 2019, By Law Offices of Richard Hanus, Chicago, Illinois
H-1B Visas Make News in the Courts
Published August 24, 2019 D.C. Federal Court Reverses H-1B Visa Petition Denial In the past week, a federal judge in Washington D.C. ruled that the U.S. Department of Homeland Security/Citizenship and Immigration Services (US CIS) must reverse its decision denying an H-1B visa petition filed on behalf of a data analyst by Lexis Nexis, a legal publishing company. The court concluded that the petitioning employer, Lexis Nexis USA, presented sufficient [...]
Expedited Deportation for Undocumented Recent Arrivals
Published July 24, 2019 The number of foreign nationals living in the U.S. in violation of our immigration laws is estimated to be in the area of 12 million. Whether they overstayed their visa status or entered without any visa or inspection at all, these are the individuals our society deems “undocumented”, or in some circles, “illegal aliens”. No matter the label, the vast majority of these individuals have a [...]
DACA’s Future Hangs in the Balance At the U.S. Supreme Court
Published July 11, 2019 In recent weeks, the U.S. Supreme Court announced that it has accepted several consolidated DACA related cases for consideration and in October will hear arguments about DACA’s future. Obama Giveth, Trump Seeks to Taketh Away: To review, the Deferred Action for Childhood Arrivals (DACA) program was instituted in 2012 by way of then President Obama’s Executive Order. Through the DACA program, individuals who arrived in the [...]
Deporting Millions, Deporting 2,000 – Same Thing
Published June 29, 2019 On June 17, 2019, President Donald Trump tweeted one of the scarier official presidential communications I have heard in my lifetime: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in. Mexico, using their strong immigration laws, is doing a very good [...]
As Expected – Expanded Supply of H-2B Temporary Workers Visas Is Quickly Exhausted
Published June 20, 2019 Ask anyone who works as a manager in the manufacturing or service industries and they will tell you that it is next to impossible to find U.S. workers to fill positions, both skilled and unskilled, and even at a competitive wage. This speaks volumes about many societal issues, including that our economy appears to be robust, and there is a shortage of workers ready, willing [...]
Facing Deportation: What Do Immigration Lawyers Do And How Can They Help Me?
Facing Deportation: What Do Immigration Lawyers Do And How Can They Help Me? Over the past decade, over 7 million people have gained legal citizenship in the United States. But there are countless others trying and waiting to have their dream of citizenship realized as well, and many others who have had their hopes lost in the process. Perhaps you're trying to obtain citizenship and have been surprised at [...]
Avoiding Deportation: Why Working With United States Immigration Lawyers Can Help You Stay In The Country
Avoiding Deportation: Why Working With United States Immigration Lawyers Can Help You Stay In The Country There were about 436 immigration arrests per day in the U.S. between February 2017 and September 2018. Refugee admissions are at an all-time low, with a 73.5% decrease in refugee resettlement from the fiscal years of 2016 to 2018. Visa application denials are soaring with a denial rate of 11.3% has been the highest in five [...]
Asking the Right Questions: 7 Crucial Questions to Ask an Immigration Lawyer
Meeting with an immigration attorney is never a fun experience. You wouldn't meet with them in the first place if there wasn't a problem you needed help with. And the stress of that problem can cause you to stop thinking clearly, and you may not know what to say to an immigration lawyer. That means you won't know what questions to ask immigration lawyer office to make sure that the lawyers know [...]
Social Security Administration Issues More Than 500,000 “No Match” Letters To Employers
[vc_row][vc_column][vc_column_text]Published May 30, 2019 When a company lists an employee on their payroll, pays payroll taxes and issues them a Form W-2, the federal government is officially notified of that individual's status as a U.S. worker. For an estimated 8 million workers though, this process is an avenue through which the federal government is UNofficially notified of the employment of undocumented workers. That is because many of these workers [...]
Seeking Online Help: Can I Hire An Immigration Lawyer Online?
Immigrating to a new country is nervewracking, and you should try to prepare for the journey before you ever set off on it. To prepare for your new life in the U.S., you should speak to someone who has worked with immigrants and has expertise handling their cases. Before setting off a new adventure — speak to an immigration lawyer. Yet, it can be hard to find an immigration lawyer [...]
Making U.S. Immigration Great Again
[vc_row][vc_column][vc_column_text]Published May 19, 2019 I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on [...]
Guide to US Work Visas and Eligibility Requirements
Are you interested in working in the United States? You aren't alone. There are millions of other people that are trying to work in America. If you want to work in the United States, you need a US work visa. Getting a visa can seem intimidating when you're not familiar with the process. But luckily, we're here to help. Keep reading if you want to learn more about the different kind of visas [...]
A Timeline of Green Card Marriage in 2019
Every year, couples fall in love and get married. For some couples, that means that one spouse is starting the road towards American citizenship. It's not as simple as just getting a marriage certificate, but the process of becoming a permanent resident (green card holder), and then a U.S. citizen, through marriage is relatively straightforward so long as you follow the steps correctly. Here's what you need to know about [...]
An Overview of Student Visas in the U.S.
More than 9 million U.S. visas were issued in 2018. A significant portion of those visas was for nonimmigrant visas, a category of visas that include students. Getting an education is becoming increasingly important in today’s world with so much competition in every market. Knowing how to go about the student visa application process can be both frightening and confusing. However, the process doesn't have to be complicated. that’s why in this article, you’ll find [...]
Determine Which Is Right For You: Spouse Visa or Fiancé Visa
Getting married? Congratulations! But if you're a foreign citizen marrying a U.S. citizen and you want to live in the U.S., planning a wedding won't be the biggest headache you'll encounter. Before you can live in the United States, you'll have to get either a fiancé visa or a spouse visa. But which one is right for you? When choosing the fiancé visa vs. marriage visa, it's important to decide where you want to get married and what your timeline is. It can be a slow process either way. Knowing the ins and outs of each visa will help you decide [...]
Smoking Marijuana May Be Hazardous to Your Immigration Health
Published May 2, 2019 A lawful permanent resident (green card holder) seeking to become a U.S. citizen must fulfill a number of requirements when submitting their Application for Naturalization and in order to be approved to take the oath of U.S. citizenship. In addition to a requisite number of years of permanent residence and physical presence in the U.S., an applicant for naturalization must demonstrate that he/she is [...]
Increased Powers to BIA Judges; H-1B Visa Denials Skyrocket
Published April 22, 2019 Department of Justice Aiming to Expand Powers of Appellate Immigration Judges The Board of Immigration Appeals (BIA) is the appellate body where a party can seek review of an Immigration Judge’s decision in an initial [...]
No Dark Courtrooms
Published April 3, 2019 No Dark Courtrooms is a U.S. Department of Justice/Executive Office for Immigration Review (EOIR) initiative to “reduce and minimize the impact of unused courtrooms and docket time” in the administration of removal proceedings. The launch date of the initiative [...]
U.S. Senate Once Again Proposes Path to Legalization for Dreamers
Published April 3, 2019 The Dream Act of 2019 was recently introduced by U.S. Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill, 2 Senate leaders who introduced the same legislation in years past. If enacted, the Dream Act would make [...]
The Top 6 Reasons to Hire An Immigration Lawyer
Published March 24, 2019 Whether the goal is U.S. citizenship via naturalization, lawful permanent residence (green card) or the issuance of a temporary visa – such as a work visa, having an immigration lawyer be a part of the [...]
Scam Alert: DHS Telephone Numbers Used to Extort Money and Obtain Personally Identifiable Information from Unsuspecting Victims
Published March 7, 2019 SIn the past week, the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a warning to the public with regard to the use of DHS telephone numbers to reach out and scam [...]
Fiscal Year 2020 – H-1B Work Visa Filings to Go Forward Per Usual and Without New Registration Process
Published February 20, 2019 April 1 of each calendar year marks the first day anxious employers are eligible to submit H-1B work visa petitions so as to have a chance to employ a qualified foreign worker for the start [...]
Federal Indictments Handed Down Against Birth Tourism Ring
Published February 8, 2019 With few exceptions, per the Constitution of the United States of America, if a person is born in the U.S., they are born as a U.S. citizen – and no matter the citizenship or immigration status [...]
Applying for Naturalization – 2 Big Decisionmaking Trends
Published January 24, 2019 Applying for U.S. citizenship after accumulating the requisite number of years of permanent residence should not be an automatic decision. In recent years, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) seems to be [...]
How Are Immigration Related Services and Offices Impacted By the Government Shutdown?
Published January 10, 2019 As our nation is headed toward the longest government shutdown in our history, many of the players impacted, including companies petitioning foreign workers as well as individuals in all our immigrant communities, are asking questions [...]
New Registration and Lottery Process Proposed for the Upcoming H-1B Filing Season
Published December 13, 2018 Each year, 85,000 new H-1B visas are released for foreign workers and their prospective U.S. employers, including 20,000 visas especially reserved for graduates of advanced degree programs in the U.S. (masters or higher, a.k.a. Masters [...]
New Guidance Regarding Necessity of I-751 Interviews
Published December 13, 2018 Foreign nationals married for less than two years at the time they enter the U.S. on their immigrant visas or are approved for adjustment of status to resident status (for those processing in the U.S. [...]
What is a Conviction for Immigration Purposes?
Published November 28, 2018 Foreign nationals who are the subject of a criminal arrest or charges must take proper care to make informed decisions when it comes to consideration of plea deals being offered by the prosecuting entity. That [...]
Widespread Delays Continue to Plague Most Immigration Filings
Published November 16, 2018 Applicants for immigration benefits in the U.S. such as lawful permanent residence, citizenship, employment authorization document (EAD), advance parole travel document (AP) and for removal of conditional basis on residence are seeing processing of their [...]
Trump Looks To End Birthright Citizenship
Published November 2, 2018 The experts have already chimed in to advise that his plan is contrary to basic constitutional law, but that has not stopped Donald Trump from announcing in recent days that he will issue an executive [...]
Medical Exams: New Policy in Effect for Adjustment of Status Applicants
Published October 19, 2018 With few exceptions, individuals seeking to reside permanently in the U.S. and obtain lawful permanent resident or “green card” status, must document they are not subject to a medical basis of inadmissibility. Whether the applicant [...]
Recent Court Challenges to H-1B Visa Policies and Decisionmaking
Published October 19, 2018 Although the U.S. Congress has not changed the substantive law impacting how H-1B work visa petitions are decided, the agency reviewing these petitions – U.S. Department of Homeland Security/Citizenship and Immigration Services (“DHS/CIS”) – has [...]
This Year’s Green Card Lottery (DV-2020) Begins
Published October 4, 2018 Once again, millions of people from around the world will be vying for a chance to reside in the U.S. by way of an entry into the DV Visa Lottery. For the upcoming fiscal year the [...]
Under New Policy, Immigration Applications Can Be Denied More Easily
Published September 20, 2018 As of September 11, 2018 a new policy went into effect giving immigration officers greater authority to deny immigration related filings without first giving applicants an opportunity to supply the missing evidence. According to [...]
It is Taking Forever for My Green Card or Citizenship Application to Be Decided: What Can I Do?
Published September 11, 2018 For foreign nationals in the U.S., two of the most common applications filed with Department of Homeland Security/Citizenship and Immigration Services are the I-485 Application for Adjustment of Status (to acquire lawful permanent resident/green card [...]
Federal Court in Chicago Allows Pakistani Immigrant’s Involuntary Servitude Claim to Proceed
Published August 23, 2018 A U.S. District Court in Chicago ruled this week, in denying the defendant’s effort at dismissal, that an undocumented Pakistani’s involuntary servitude and forced labor lawsuit against his former employer, a gas station owner, can [...]
Trump Administration Looking Into Penalizing Immigrants Receiving Public Benefits
Published August 8, 2018 “Public Charge” provisions have been a part of our nation’s immigration laws for more than a century, thus the reason all family based immigration applicants are required to have a financial sponsor who provide an [...]
DHS Looks to Revoke U.S. Citizenship for Those Improperly Approved
Published July 29, 2018 It is well known that a lawful permanent resident can be subjected to removal proceedings in the event they commit a deportable offense, or were improperly granted their residence in the first place due to [...]
US CIS Now More Active in Placing Denied Applicants in Removal Proceedings
Published July 11, 2018 Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied [...]
Attorney General Sessions: Domestic and Gang Violence Are Not Bases for Asylum
Published June 11, 2018 Foreign nationals are eligible to be accorded asylum status in the U.S. if they fear return to their home countries due to: a) persecution they face on account of their race, religion, political belief or [...]
New Supreme Court Ruling Opens Door to More Options in Fighting Deportation
Published June 28, 2018 In their recent ruling in Pereira V. Sessions, the U.S. Supreme Court significantly widened opportunities for certain lawful residents AND undocumented individuals to fight their deportation – also known as removal proceedings. At issue are [...]
New Rules Impacting Immigration Judges and Removal Proceedings
Published May 29, 2018 In recent weeks the Attorney General of the United States, Jeff Sessions, issued a directive limiting the powers of immigration judges to “administratively close” or otherwise delay final decision-making for the cases of individuals facing removal from [...]
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Immigration Services That Seem Too Good To Be True
Published May 7, 2018 The Office of the Illinois Attorney General recently filed civil lawsuits against 2 women representing themselves as providers of legitimate immigration services but who, according to the complaints, bilked victims out of thousands of dollars. According [...]
Supreme Court: “Crime of Violence” Basis to Deport is Too Vague
Published April 24, 2018 Last week, the U.S. Supreme Court, in a 5 to 4 decision struck down a significant portion of a federal statute exposing foreign nationals to deportation on the basis of having committed a “crime of violence”. [...]
In Just 5 Days, the H-1B Visa Cap Is Reached
Published April 10, 2018 For the 6th year in a row, during the first week of the filing season U.S. Citizenship and Immigration Services (CIS) received more than enough H-1B visa petitions to exhaust the coming fiscal year’s annual supply [...]
Massive ICE Raid in Tennessee
Published April 9, 2018 In the past week, Immigration and Customs Enforcement (ICE) agents executed one of with filing cabinets, computers and other equipment seized during the operation. The criminal complaints filed allege that the company schemed to employ large numbers of [...]
U.S. Supreme Court to Review Mandatory Detention Provisions for Certain Criminal Immigrants
Published March 22, 2018 Federal law currently sets forth conditions under which certain non-U.S. citizens with more serious criminal records must be detained without bond while they defend against removal proceedings. In interpreting this law, two recent federal court of [...]
Premium Processing Suspended for H-1B Cap Filings Starting April 2, 2018
Published March 21, 2018 On April 2, 2018, the filing season begins for the new batch of H-1B visas that become available for fiscal year 2019 – which starts October 1, 2018. On this date, U.S. Department of Homeland Security/Citizenship [...]
More DACA Drama
Published March 15, 2018 The processing of applications for employment authorization documents for hundreds of thousands of young adults under the Deferred Action for Childhood Arrivals (DACA) program, an Obama era executive initiative, was supposed to come to a halt [...]
The Bad Lawyer and the Fake Lawyer
Published February 21, 2018 In my 25+ years as an immigration lawyer, I have seen many versions of both the bad lawyer and the fake lawyer. Each is poisonous in that they erode trust in the legal profession and [...]
The Forecast Calls For No Government Shut Down and No DACA
Published February 7, 2018 As of Wednesday afternoon, the stars seem to have lined up for our nation to avert a government shutdown. It appears a bipartisan consensus has been reached so that funding for our government operations can [...]
Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times
Published February 6, 2018 Marriage based adjustment of status applicants living in CIS Chicago’s jurisdiction are seeing an approximately 7-8 month wait to be scheduled for an interview. Applicants for Naturalization (N-400) under CIS Chicago’s jurisdiction are being scheduled within [...]
Our Budget Impasse and Immigration
Published January 23, 2018 Our country endured a brief government shut down in recent days, and there is a decent chance for a repeat performance in the coming weeks. At the core of the debate is our nation’s budget [...]
The H-1B Visa Rush Is On – Start Preparing Now
Published January 9, 2018 Starting April 1, 2018, employers and their foreign worker employees will get a chance at one or more of the 85,000 H-1B visas available each fiscal year, with the new fiscal year starting on October [...]
The Unknown Future of DACA
Published January 1, 2018 The Deferred Action for Childhood Arrivals measure implemented by President Obama has come to represent an issue bigger than just the undocumented young adults it protects and benefits. Instead, it reflects on who we are [...]
Recent Immigration and Customs Enforcement (ICE) Operations
Published December 12, 2017 Consistent with policies of previous administrations, U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division has been focusing their enforcement operations arresting noncitizens with criminal convictions, or previous deportation orders. Below are highlights [...]
Update: Green Card Interviews for Marriage Based Applicants, Including for Same Sex Partners
Published November 28, 2017 A foreign national applying for permanent resident status by way of marriage to a U.S. citizen, continues to enjoy a mostly efficient and streamlined process, especially if they undergo all steps in the U.S. [...]
Beware Immigrants: Automatic Voter Registration
Published November 15, 2017 On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants [...]
In the Trump Era, DHS/CIS Looks For More Ways to Deny Work Visa Petitions
Published November 1, 2017 I am often asked why and how there are so many undocumented people living in the U.S. The complete answer has many facets. One of those facets is that our immigration laws make it extraordinarily [...]
Trump Administration Looks to Impose Quotas on Immigration Judges
Published Ocotber 19, 2017 Without question, immigration law enforcement in the U.S. has been on the rise since the election of President Trump. Heightened immigration enforcement was one of the big promises that helped propel Trump into office [...]
New Policy: All Employment Based Green Card Applicants In The U.S. Will Be Interviewed
Published October 3, 2017 Foreign nationals residing in the U.S. who are applying to adjust their status to lawful permanent resident (green card via Form I-485) based on an offer of employment will now, without exception, be required to [...]
Premium Processing Continues for More Categories of H-1B Filings
Published September 20, 2017 Premium Processing Continues for More Categories of H-1B Filings In an abrupt about face earlier in the year, U.S. Department of Homeland Security/Citizenship and Immigration Services (US DHS/CIS) announced it would put a halt to [...]
The Winding Down of DACA
Published September 6, 2017 In 2012 President Obama implemented an Executive Order known as Deferred Action for Childhood Arrivals (DACA) which led to the issuance of 2 year work permits and a shield against deportation for hundreds of thousands [...]
Under Trump, Deportations Up 28%; Immigration Judges Warned On Granting Continuances
Published August 22, 2017 According to a recent U.S. Department of Justice report, since the time Donald Trump took office this year, the number of immigrants ordered removed from the U.S. increased 28% compared to numbers from a similar [...]
Who Are The Top Users of H-1B Visas?
Published August 8, 2017 The H-1B visa is among the most popular avenues through which U.S. companies employ foreign nationals. H-1B visa issuance depends primarily on two factors: 1) a U.S. employer offering at market wage a position in [...]
The Top 5 Defenses to Removal Proceedings
Published July 25, 2017 Foreign nationals in the U.S. may find themselves defending against removal proceedings because they overstayed or somehow violated the terms of their temporary visa status. Or they may never have had immigration status in the [...]
Certain EAD Holders with Pending Extension Requests Can Continue to Work
Published July 9, 2017 Foreign nationals in the U.S. can qualify to obtain an Employment Authorization Document (EAD) under a variety of circumstances. There are more than a couple dozen categories of eligibility, although the vast majority of our [...]
DHS Confirms DACA Still In Effect; Premium Processing for H-1B Petitions May Soon Return
Published June 20, 2017 Department of Homeland Security Confirms DACA Still in Effect In a recent memorandum to U.S. Department of Homeland Security (DHS) sub-agency heads, DHS Secretary, John Kelly confirmed that the Deferred Action for Childhood Arrivals (DACA) [...]
When Will CIS Expedite Processing of your Petition or Application? AND New Vetting Procedures in Place for Visa Applicants
Published June 6, 2017 These days, with processing times for various petitions and applications getting longer, it is important to be aware that U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will entertain and grant expedite requests under [...]
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Nec molestie odio suscipit sit amet. Suspendisse pellentesque hendrerit massa, ut commodo libero congue et. Fusce enim nibh, pretium vel est non, dignissim consectetur odio. Sed cursus, nibh id condimentum congue, massa sapien suscipit nisi, in placerat lacus ex a nisi. Suspendisse ultricies sed purus ut egestas. Nulla consectetur mi quam, vitae aliquet sapien volutpat ac. Pellentesque scelerisque urna nisi, sed laoreet justo fringilla ac. Fusce malesuada ut odio vel [...]
The Controversy Surrounding Sanctuary Cities
Published May 23, 2017 Since the election of President Trump, the term “sanctuary city” has had a conspicuous presence in our national conversation on immigration. President Trump’s executive orders and rhetoric about building a wall and amping up immigration [...]
A New Look for Green Cards and Employment Authorization Documents
Published April 25, 2017 Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017. Green Cards and [...]
More Than Enough H-1B Petitions Received, But Overall Filings Decline
Published April 21, 2017 Within the first week of availability, U.S. Citizenship and Immigration Services received more than enough petitions to exhaust the entirety of the coming fiscal year’s supply of 85,000 H-1B work visas – which include 65,000 [...]
U.S. Department of Justice Announces New Immigration-Related Prosecution Priorities
Published April 12, 2017 In general, individuals who enter the U.S. without proper documentation, or who have overstayed their visas are guilty of only civil, as opposed to criminal, law violations. That means, the worst penalty such a civil [...]
H-1B Cap Quickly Reached Yet Again; Outsourcing Firms and Computer Programmers Going Out of Style
Published April 10, 2017 Like in years past, the annual supply of 85,000 H-1B professional work visas for the coming fiscal year was exhausted within the first week employers were eligible to file visa petitions. This year, April 3, 2017 [...]
Applying for U.S. Citizenship: The Top 4 Things That Matter
Published March 21, 2017 To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship. That is, for whatever reasons or no [...]
The Many Dimensions of Trump’s Immigration Orbit
Published March 7, 2017 Since arriving on the national political scene, Donald Trump has mastered the art of the catch phrase and buzzword. Truthful or not, the labels he attaches to attack political opponents or to frame societal issues, [...]
The New Immigration Executive Order – Do Not Panic, Part II
Published February 22, 2017 The grandiosity with which the Trump Administration has released Executive Orders in the past month is undeniable. If their effectiveness is to be judged by the amount of media coverage and public hysteria that has [...]
This Past Weekend’s Executive Action, Shock and Awe
Published January 31, 2017 Lightning struck, in a bad way, for U.S. based or U.S. bound nationals of seven countries this past weekend. Citizens and nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and who are: a) current [...]
U.S. Senators Introduce Legislation to Protect DACA Applicants
Published January 15, 2017 4 ½ years ago President Obama implemented an executive order to allow undocumented young adults who were brought to the U.S. as children to obtain an employment authorization document or EAD. Under the Deferred Action for [...]
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After Much Confusion, CIS Will Accept Older Versions of Certain Forms Until February 21, 2017
Published January 2, 2017 Two weeks ago, and without any prior notice, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) abruptly announced that as of December 23, 2016 only the newest versions of various specified forms would be [...]
Naturalization Without the English and/or Civics/History Requirement
Published December 14, 2016 With few exceptions, eligibility for U.S. naturalization depends on an applicant: 1) having accumulated a minimum number of years of lawful permanent residence, 2) demonstrating good moral character for the statutory period and 3) passing a [...]
Post Election Immigration Update
Published December 12, 2016 So far, there is no news of any substance as far as major changes in policy or law in the immigration arena. Further, there is no news about the continued viability of President Obama’s Deferred [...]
FILE BEFORE DECEMBER 23, 2016 TO AVOID IMMIGRATION FILING FEE INCREASES
Published November 23, 2016 As of December 23, 2016, and for the first time in six years, a filing fee increase for certain immigration applications or petitions is set to take effect. The operations of Citizenship and Immigration Services is [...]
Do Not Panic
Published November 9, 2016 Panic is rarely a useful response to a stressful situation. In the U.S. immigration arena in the aftermath of Donald Trump’s election to the U.S. presidency, panic is neither useful nor necessary. Yes, he spoke about a [...]
No Comprendo Mr. Trump
Published October 22, 2016 The final debate, held on October 19, 2016, was an opportunity for Donald Trump to clarify, elaborate on and otherwise detail his vision for how our nation’s immigration problem should be addressed. With the spotlight [...]
Registration for 2018 Green Card Lottery Ends November 7, 2016
Published October 4, 2016 The Green Card Lottery (DV-2018) As in years past, millions of people from all over the world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” [...]
Do I Need to Renew My Green Card If I Am Applying for U.S. Citizenship?
Published September 20, 2016 U.S. Citizenship and Immigration Services Headquarters recently issued a directive clarifying the circumstances under which prospective applicants for naturalization – filing Form N-400 – must also renew their Permanent Resident cards and file Form [...]
Virginia Couple Pleads Guilty to $20 Million Immigration Fraud Scheme
Published September 6, 2016 When clients ask me why immigration authorities make it so difficult for companies and their foreign workers to get a work visa petition approved, I tell them that they are paying for the sins of [...]
True or False: Donald Trump Means What He Says
Published August 24, 2016 Over the past year I have watched the Donald Trump for President phenomenon with keen interest. My attraction mostly had to do with Trump’s focus on immigration, his claims that it is at the root [...]
Expansion of Stateside “Provisional” Waiver Program
Published August 8, 2016 Back in 2013, the US Department of Homeland Security/Citizenship and Immigration Services first implemented a “stateside” I-601A Waiver program, an initiative allowing for the processing a “waiver of inadmissibility” for certain green card applicants who under current law, [...]
For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card
Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them. From what I have witnessed, the assumed name entrant [...]
U.S. v. Texas: The Supreme Court Addresses President Obama’s Executive Order on Immigration
Published July 7, 2016 In recent weeks, the U.S. Supreme Court announced in a one line order that it will let stand a lower court decision blocking implementation of President Obama’s most recent executive program on immigration. In the [...]
When an Employer Petitions a Relative for Green Card
Published June 19, 2016 In the vast majority of cases where an employer looks to facilitate permanent resident (green card) status for a foreign national, the employer, as a first step, will generally be required to document the unavailability [...]
International Travel For Non-Citizens With Criminal Records
PUBLISHED June 7, 2016 In the post 9/11 world, non-U.S. citizens with criminal records seeking to reenter the U.S. following international travel face the distinct possibility their inspection process at the airport will be delayed, or even continued for [...]
U Visa Processing Delays Prompt Concern
Published May 18,2016 This past week, a letter signed by more than 300 organizations was sent to Leon Rodriguez, the Director of U.S. Department of Homeland Security/Citizenship and Immigration Services expressing deep concern for the extensive delays facing applicants [...]
New Immigration Options for Overseas Family Members of U.S. Based Filipino WWII Veterans
Published May 14, 2016 In the past week, the U.S. Department of Homeland Security/Citizenship and Immigration Services announced the launch of a new program – the Filipino World War II Veterans Parole Program – where applications to facilitate the immediate [...]
H-1B Cap for New Fiscal Year Quickly Reached…..Again
Published May 3, 2016 The first week of April, 2016 marks 6 months before the start of the U.S. government’s 2017 fiscal new year – October 1, 2016, and the earliest date interested employers can file an H-1B visa [...]
I-751 Petitions to Remove Conditional Basis on Residence: For When the Marriage Works, and For When It Does Not
Published April 20, 2016 Usually, foreign nationals obtaining immigration benefits by way of a marriage to a U.S. citizen are only initially granted resident status on a 2 year “conditional” basis. That is because at the time they are [...]
Undercover Federal Investigation Nabs Students and Recruiters Associated with Fake University
Published April 4, 2016 The University of Northern New Jersey in Cranford, New Jersey was a sham from the start. It was set up by the U.S. Department of Homeland Security as part of a sting operation to catch criminal [...]
You Can Always Ask for Prosecutorial Discretion
Published March 21, 2016 No matter what stage in the deportation/removal process a foreign national may find themselves in, and no matter their previous immigration status – or lack thereof, there is always the option of seeking “prosecutorial discretion”. [...]
Memo to the Round Em Up Cowboys: You May Be Creating a Path to Legalization
Published March 7, 2016 Most folks would agree that if Congress goes through the trouble of enacting a constitutionally sound law, and our President signs on, that law should be enforced. That includes our immigration laws. But over the [...]
U.S. Department of Homeland Security to Take a Closer Look at Social Media Presence of Foreign Nationals Coming to U.S.
Published February 24, 2016 After the terrorist mass shootings in San Bernardino, California this past December, it was discovered that the couple carrying out the attack had an online footprint, via Facebook private messenger, outlining disturbing beliefs and inclinations [...]
Current (2015) Poverty Guidelines for Sponsors Completing Affidavits of Support
Published February 12, 2016 Intending applicants for immigrant visas or for adjustment of status based on a family relationship must document that their petitioning U.S. family member, or a joint co-sponsor, executing a Form I-864 Affidavit of Support, meets [...]
U.S. Supreme Court to Review Obama’s Most Recent “Legalization” Program
Published January 25, 2016 Last week, the U.S. Supreme Court announced it will consider the Obama administration’s appeal in the United States v. Texas and hear oral arguments on the legality of President Obama’s executive order granting, in effect, [...]
New Immigration Raids: Who are the targets and why?
Published January 6, 2016 In the summer of 2014, thousands of individuals from Central America showed up at the U.S./Mexico border seeking refuge in the U.S. Escaping extreme poverty, a breakdown in governmental institutions, domestic violence and gang warfare, individuals [...]
Fiscal Year 2016 U Visa Supply Is Exhausted
Published January 4, 2016 Each year 10,000 U visas – which include employment authorization and a path to permanent residence – are made available for foreign nationals who have been the victims of various enumerated crimes, and who are willing, [...]
New Legislation to Govern Certain Visa-Waiver Visitors
Published December 9, 2015 At present there are 38 countries whose citizens are generally relieved of the requirement of obtaining a visa to visit the U.S. for up to 90 days. But in the wake of recent terrorist acts in [...]
Trump Drops More Bombs
Published December 8, 2015 First, the recipe: Step 1) find an indisputable societal problem, Step 2) determine that there exists a sizeable segment of your audience that is uncontrollably, but perhaps understandably, angry about the problem, and Step 3) [...]
Believe It or Not, H-1B Visa Filing Season Is Nearing
Published November 24, 2015 It seemed like just yesterday U.S. employers and prospective foreign workers were competing for a chance at one or more of the 85,000 H-1B visas available each fiscal year, which starts on October 1 [...]
Legality of Obama’s Executive Action On Immigration Likely to be Decided by US Supreme Court
Published November 11, 2015 Earlier this week, a panel of the U.S. Court of Appeals for the 5th Circuit Court, issued a 70 page opinion in support of their ruling that the Obama administration overstepped its authority in seeking to [...]
Registration for 2017 Green Card Lottery Ends November 3, 2015
Published October 17, 2015 The Green Card Lottery (DV-2017) As in years past, millions of people from all over the world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status [...]
Major New Changes to the October Visa Bulletin
published October 2, 2015 The generous new provisions included in the most recent U.S. Department of State Visa Bulletin, per President Obama’s previous Executive Order, have been rolled back a bit. The most recent visa bulletin – for October, [...]
The New Visa Bulletin Format: What is it? Who Benefits?
Published September 21, 2015 The centerpiece of President Obama’s most recent immigration related Executive Order was a measure providing employment authorization for millions of long time undocumented residents. This portion of the Executive Order has been held up in the [...]
Applying for a Green Card – The Top 5 Things That Matter
published September 7, 2015 There are dozens and dozens of factors that go into an individual’s eligibility for a U.S. lawful permanent residence, or green card. For individuals present in the U.S., the following are the top 5 issues [...]
Donald Trump Part III – His Relevance and Why He Scares Me
published August 26, 2015 Donald Trump is now against it, and after previously being for it. Last month, he went on record as being in favor of allowing the “good people” among our undocumented population to stay in the U.S. [...]
“Special Immigrant Juvenile Status”: Green Cards for Undocumented or Out of Status Children
published August 10, 2015 For a child who is under 21 years of age and in the U.S. without documentation or as a visa overstay, the federal “Special Immigrant Juvenile Status” statute may indeed create a path to permanent [...]
Donald Trump on Immigration, Part II
Published July 28th, 2015 For Donald Trump, it’s always loud headlines first and then, once in a while, substance later. This seems to be the modus operandi of our nation’s leading Republican candidate for President, the Kim Kardashian of [...]
Donald: What Would You Do With Our Nation’s 12 Million + Undocumented Individuals?
Published July 12, 2015 By now, we have all heard the headline grabbing statements presidential candidate Donald Trump has made about Mexicans, undocumented individuals, the border, crime and immigration. If we define success by the amount of air time he and [...]
Certain H-4 Visa Holders Are Now Eligible to Obtain Employment Authorization
Published May 26, 2015 Certain qualified spouses of H-1B visa holders, who themselves hold H-4 status, may now be able to apply for an Employment Authorization Document pursuant to an Executive Order announced last year, and put into effect [...]
Accidental Voters and Disproportionate Immigration Consequences
Published May 11, 2015 It’s maddening. At least once a week over the course of the past 6 years, I hear a story of a foreign national mistakenly being registered to vote, and even voting, and then facing the scare [...]
Top Six Reasons to Hire an Immigration Lawyer
Published April 26, 2015 1. To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared. The immigration lawyer will [...]
Retrogression Hits Hard for Professionals and Skilled Workers (EB-3) from the Philippines Seeking Immigrant Visas
Published April 16, 2015 According to the most recent visa bulletin released by the U.S. Department of State, effective May 1, 2015, the cut-off date setting forth the availability of Employment Based Immigrant Visas in the EB 3rd Preference – [...]
April 2015 H-1B Filing Season Sees Record Demand
Published April 13, 2015 For the past few years, come April 1, tens of thousands of employers and prospective employees vie for one of 85,000 H-1B work visas made available for highly skilled or professional workers for the ensuing [...]
Green Card Renewal: Electronic Filing and Answers to Common Questions
Published March 28, 2015 With the unveiling of a new electronic filing option for eligible applicants looking to renew their permanent resident, or “green” cards (see below for link information), I am reminded of the most common questions clients [...]
Implementation of New Deferred Action Program Continues on Hold
Published March 25, 2015 As previously reported here, the new Obama Executive Action granting up to 5 million undocumented individuals access to a 3 year employment authorization and protection from removal is the subject of a fierce legal challenge [...]
Update: The Truth About U.S. Immigration and Registered Nurses
Published March 5, 2015 As of this writing the landscape for foreign national registered nurses (excluding nurses from China and India) to enter the U.S. to live and work can best be described as “improved” and “not too bad”. [...]
Apri1 1, 2015 – The First Day to File H-1B Petitions for Coming 2016 Fiscal Year
Published: February 25, 2015 Whether you are a prospective H-1B visa employer or employee, those thinking of taking advantage of the new batch of H-1B visas for the coming fiscal year are advised to get their plan in order immediately. [...]
On Hold: New Executive Order Granting Expanded Immigration Benefits Now Awaits the Outcome of a Court Fight
Published: February 20, 2015 In the past week, a federal court in Texas put a temporary halt to the implementation of the first stage of President Obama’s most recent Executive Order on immigration, a program originally set for launch on [...]
Applicants for Expanded Deferred Action for Childhood Arrivals (DACA) Benefits Can File Starting February 18, 2015
Published: February 3, 2015 The first stage of implementation of President Obama’s Executive Order on immigration is set for February 18, 2015. Importantly, on that date it is only the expanded class of “childhood arrivals” that gets to submit applications, [...]
Federal Court in California: Health Services Manager Should Get an H-1B Work Visa
Published: January 21, 2015 No doubt about it. In the past decade, getting an H-1B work visa filing approved has gotten harder. These days employers and prospective employees have to rush to get their petitions and supporting documentation together each [...]
Be on the Look-Out for Pseudo Attorneys, “Consultants”, Thieves and Other Charlatans
Published: January 5, 2015 With the roll out of the new Obama Executive Action immigration initiative nearing, I share the following reflections and warnings with the goal of informing and empowering the unsuspecting prospective applicant. These are based on 20+ [...]
24 State Lawsuits Later – What’s the Future of the New Obama Executive Order, and Other Important Questions?
Published: December 9, 2014 Last month, President Obama announced his plan to implement an Executive Order aimed at benefiting millions of mostly undocumented immigrants living in the U.S. To say the announcement caused an uproar would be a bit of [...]
Obama’s New Executive Order: Who is covered? What benefits are available? When can you file? What are the risks?
Published: November 24, 2014 President Obama’s Executive Action: Who Benefits? What are the Benefits? When Are the Benefits Available? While some disagree whether it should be called an amnesty, or not, under President Obama’s recently signed executive order, various large [...]
What’s Next for Immigration Reform?
Published: November 13, 2014 The next 45 days should be real interesting. President Obama put off any executive action on immigration until after the mid-term elections, where we all know the Democrats took a shellacking. Now that the mid-terms are [...]
Lawsuit Alleges ICE Attorney Forged Key Document
Published: October 27, 2014 According to a federal lawsuit recently filed against the immigration law enforcement arm of the U.S. Department of Homeland Security – Immigration and Customs Enforcement, or “ICE,” an ICE prosecuting attorney forged a key document in [...]
I-864 Affidavit of Support: A Legally Enforceable Contract
Published: October 12, 2014 I-864 Affidavit of Support: A Legally Enforceable Contract For the vast majority of individuals being issued U.S. lawful permanent resident, or “green card” status, their applications for residence are premised on a family based visa petition [...]
The Green Card Lottery (DV-2016)
Published: September 24, 2014 The Green Card Lottery (DV-2016) As in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in [...]
Obama Takes Foot Off Accelerator on Immigration
Published: September 10, 2014 First the U.S. Senate was ready to act on immigration. Then, the House of Representatives was not. Then President Obama was ready to act without congressional backing, and enact measures by way of his executive powers [...]
I Married a U.S. Citizen and Applying for a Green Card….AGAIN!
Published: August 27, 2014 As discussed in this column previously, the Green Card via marriage to U.S. citizen option can be a quick and easy route for most foreign nationals, whether residing in the U.S. or abroad. For example, a [...]
A Showdown on Immigration: It’s High Noon In Washington D.C
Published: July 28, 2014 First, some important facts. Last year, the U.S. Senate passed legislation to allow for the legalization of the vast majority of our nation’s undocumented population, now estimated at around 12 million. The House of Representatives, through [...]
Healthcare Workers Seeking Green Cards: Make Sure Your Visa Screen Certifications and Licenses are Current!
Published: July 10, 2014 In recent months, the line allowing foreign nationals seeking residence in the U.S., by way of a job offer as a professional healthcare worker, has moved forward considerably. So whether they are in the U.S. or [...]
New Medical Exam Policy for U.S. Based Applicants for Permanent Residence
Published: June 25, 2014 Foreign nationals, residing in the U.S., who are applying for lawful permanent residence by way of an I-485 Application for Adjustment of Status, are required to file a certified and sealed medical examination report in support [...]
Green Card Holders and International Travel: The Most Common Questions
Published: June 17, 2014 The U.S. government issues permanent resident cards, or “green cards,” to individuals seeking to “reside” in the U.S. That means there are significant limits on the amount of time Green Card holders can spend outside the [...]
Immigration Drama Likely To Ignite By End of Summer
Published: June 1, 2014 The stars continue to line up for the eventual enactment of a program to allow our nation’s undocumented to obtain some sort of legal status. Exactly what type of status that might be, and whether that [...]
Employment Authorization for Qualified Dependents of H-1B Visa Holders
Published: May 13, 2014 In the past week, the Obama Administration announced its plan to implement a program allowing qualified spouses of H-1B visa holders to obtain an Employment Authorization Document. The plan has yet to be put into action, [...]
Delays in Scheduling Adjustment of Status Interviews at CIS Chicago
Published: April 30, 2014 A year ago, Chicago based applicants for Adjustment of Status (for permanent resident, or “green card”, status) were waiting approximately 90 days for their interviews to be scheduled by U.S. Department of Homeland Security/Citizenship and Immigration [...]
New N-400 Must be Used as of May 5, 2014
Published: April 30, 2014 Applicants for U.S. Citizenship are reminded that the latest version of the N-400 form now must be used. As of May 5, 2014, older versions of the form will be rejected. The newest N-400 form can [...]
2014 Poverty Guidelines for Sponsors Completing Affidavits of Support
Published: April 30, 2014 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) [...]
UPDATE: Deferred Actions for Childhood Arrivals (DACA)
Published: March 25, 2014 Almost 2 years after the implementation of the DACA program our nation continues to await enactment of a comprehensive immigration reform measure to allow for a path to legalization for our undocumented population, even those within [...]
UPDATE: H-1B Work Visas for Fiscal Year 2015
Published: March 25, 2014 On April 1, 2014, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will begin to accept H-1B petitions with start dates of October 1, 2014, the first day of the U.S. government’s Fiscal Year 2015. [...]
When All Else Fails: Prosecutorial Discretion
Published: February 19, 2014 Individuals defending against deportation proceedings (now known as removal proceedings) sometimes have a defense available, and other times, they don’t. Sometimes the individual is documented, but is losing their status because of some crime or other [...]
Immigration Reform Update: Boehner Floats a Plan, Senate Republicans Run For Cover
Published: February 4, 2014 Not since the days of the “I was for it, before I was against it” explanation, have I gotten such a chuckle from our nation’s political theater. Given the tragic human costs at stake in this conversation though, maybe tears [...]
Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times
Published: January 20, 2014 Things look to be slowing just a bit when it comes to U.S. Department of Homeland Security/Citizenship and Immigration Services’ processing of Chicago based applicants for Adjustment of Status (I-485, green card application for individuals living [...]
In the Immigration Realm: The Hard Truth About Criminal Expungements and Certain Criminal Case Dismissals
Published: January 12, 2014 For certain, there continues to be a significant disconnect between criminal defense attorney perceptions and the realities of immigration law. Don’t get me wrong – I am not writing this article to scold, judge or blame [...]
U.S. Chamber of Commerce to Launch Major Initiative To Advance Immigration Reform
Published: January 9, 2014 The U.S. Chamber of Commerce, a major pro-business private association and lobbying group is set to invest at least $50 million in 2014 mid-term elections to support candidates who are seen as crucial to facilitating passage [...]
Immigration Reform Around the Corner? Or Just More Blah Blah Blah…?
Published: January 8, 2014 With regard to our nation’s ongoing conversation about immigration laws and the 11 million undocumented folks living among us, several significant (according to some) developments have taken place. Whether these events will ultimately yield the passage [...]
Philippine Government Seeks “TPS” for Undocumented Filipinos Living in the U.S.
Published: December 16, 2013 Temporary Protected Status or “TPS” is a special, temporary immigration classification issued by the President of the U.S., by way of the Secretary of Homeland Security, to certain undocumented individuals living in the U.S. who are [...]
President’s Uncle Allowed to Remain in the U.S.
Published: December 4, 2013 Earlier this week, Onyango Obama, the half brother of President Obama’s father, avoided deportation back to his native Kenya and was granted permanent resident status by an Immigration Judge in Boston. Onyango Obama first arrived in [...]
New Immigration Benefits for Family of Certain U.S. Armed Forces Members
Published: November 30, 2013 In recent weeks, the Obama Administration implemented a program allowing for the granting of special immigration status for certain spouses, children and parents of various current and former members of the U.S. Armed Forces. Qualifying individuals [...]
Typhoon Haiyan and Special Consideration for Certain Filipino Nationals in the U.S. and Abroad
Published: November 18, 2013 As a result of Typhoon Haiyan, U.S. Citizenship and Immigration Services (CIS) is providing special, albeit limited, benefits for the expedited processing, or extension of status, for certain impacted Filipino nationals in the U.S. and with regard [...]
Drivers Licenses for the Undocumented in Illinois
Published: November 4, 2013 Beginning November 12, 2013, the State of Illinois’ Secretary of State’s office will begin the process of allowing certain noncitizens without access to social security numbers, including undocumented foreign nationals, to obtain temporary drivers licenses. The [...]
An Update: Options for Victims of Crimes – The U and T Visas
Published: October 20, 2013 In recent years, Congress has enacted various pieces of legislation addressing the vulnerabilities of our undocumented population as targets of criminal activity. Whether they fall victim to crimes relating to their person or property, the undocumented [...]
DHS/CIS Largely Unaffected by Government Shutdown; A Different Story for Related Agencies
Published: October 7, 2013 With no end in sight for the ongoing government shutdown, many wonder how federal government agencies performing immigration-related functions will be impacted for the foreseeable future. Below is a summary assessment: Department of Homeland Security/Citizenship and [...]
Colorado Man Found Guilty of Trafficking in Filipino Nurses
Published: September 24, 2013 This past July, Kizzy Kalu, a naturalized U.S. citizen and resident of Colorado, was convicted by a federal jury of orchestrating and carrying out a scheme to use the H-1B work visa process to petition dozens of registered [...]
National Visa Center Fee Requests: With the Alien Relative in the U.S., It Might Be Foolish to Pay
Published: September 11, 2013 The following sequence of events may sound familiar. First, the U.S. citizen or lawful permanent resident files an I-130, Alien Relative Petition on behalf of a family member living outside the U.S., or maybe even living [...]
Local CIS Offices Finally Implement New Security Measure At Green Card and Citizenship Interviews
Published: September 9, 2013 Although originally intended for implementation in May, a new biometric security program known as “Customer Identity Verification” has finally been put into action this week at U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) local offices across the U.S. [...]
I Married a U.S. Citizen and Now I Want a Green Card
Published: August 22, 2013 Marrying a U.S. citizen – it can be the quickest and easiest avenue to a Green Card. Assuming it involves a bona fide, genuine spousal relationship – including between same sex partners – a green card filing [...]
Change in Employer Ownership and Its Impact on the Immigration Process
Published: August 5, 2013 For employers and the workers they petition for immigrant, or “green card”, status, a change in employer ownership can sometimes be problematic and present circumstances requiring the parties to take proactive steps to keep the case [...]
Huge Development: Immediate Visa Eligibility for Spouses and Under 21 Year Old Children of Permanent Residents
Published: July 16, 2013 As noted in the latest State Department Visa Bulletin, as of August 1 there is immediate visa availability for spouses and under 21 year old children of U.S. lawful permanent residents. This is a particularly noteworthy development [...]
Death Of Petitioning Relative Does Not Necessarily Mean the Death of the Immigration Process
Published: July 10, 2013 In the past, basic immigration law doctrine dictates that when a petitioning relative dies before their petitioned relative(s) obtains their immigrant visa or resident status, the petition also dies. That is, an I-130 family based visa [...]
The U.S. Supreme Court Paves the Way for Green Cards for Same Sex Spouses
Published: July 1, 2013 This past week the U.S. Supreme Court struck down the Defense of Marriage Act, a federal law that defined marriage as a union between a man and a woman and effectively de-legitimized same sex marriage. The [...]
On the Comprehensive Immigration Front: The U.S. Senate passed an Immigration Reform Bill – including a path to citizenship component, by a 68-32 margin.
Published: June 29, 2013 Next up, later this month, is debate in the U.S. House of Representatives. According to many House Republicans, an immigration reform bill with a legalization component will only pass over their dead bodies, and that absent [...]
Would We Really Want to Round Up and Deport 12 Million People?
Published: June 14, 2013 House to house searches. Bullhorn calls to assemble and gather for deportation processing. Mass detention facilities. As millions of families prepare to be torn apart, you will witness the tears and deafening wails of old and young, [...]
U.S. Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times
Published: June 2, 2013 U.S. Department of Homeland Security/Citizenship and Immigration Services continues to do its job with efficiency and speed when it comes to processing Applications for Naturalization (N-400) and Applications for Adjustment of Status (I-485, green card application [...]
As We Await Passage of a Legalization Measure, DREAM ACT/Deferred Action Applicants Continue to File; Some Scheduled for Interview
Published: May 10, 2013 There are at least 11 million folks in the U.S. who are more than a little curious whether immigration reform and a legalization program will ever become law. With legislators in Congress “marking up” proposals and negotiating [...]
Additional Biometric Security Measure At Green Card and Citizenship Interviews
Published: May 1, 2013 In the coming week, U.S. Department of Homeland Security/Citizenship and Immigration Services offices across the U.S. will begin implementation of a new “Customer Identity Verification” process. In the interest of national security and identity fraud prevention, applicants [...]
I-94 Arrival/Departure Cards Become “Paperless”
Published: April 27, 2013 For as long as anyone remembers, Form I-94 has been the white, passport sized card the majority of nonimmigrant foreign nationals have been issued and had stapled to a page in their passport upon entry into the U.S. Whether [...]
The Semantics of Immigration Reform; Never Mind the Details…..For Now
Published: April 15, 2013 A draft of proposed immigration reform legislation has been released by the Gang of 8, that bipartisan group of U.S. Senators who have been attempting to style a legislative solution to our society’s current immigration related ills. The [...]
Poof! H-1B Visa Supply For Coming Fiscal Year Is Gone
Published: April 10, 2013 The allotment of 85,000 “cap subject” H-1B work visas for fiscal year 2014, which runs from October 1, 2013 through September 30, 2014, was exhausted within the first week applications were accepted by Citizenship and Immigration [...]
Marco Rubio, Gang of 8 and Other Washington Immigration Players: Will The Talk Ever Turn to Action?
Published: April 1, 2013 For the past two decades as a practicing immigration lawyer, I have come to be a student of everything immigration law – the actual laws, the way the laws are applied, the mindset of the powerful decision-makers who preside [...]
Who Ends Up in Removal Proceedings?
By: Richard Hanus, Esq. Published: March 9, 2013 With over 11 million+ undocumented individuals living in the U.S. and only a fraction of that population currently the subject of removal proceedings, a commonly asked question is: how does one become unlucky enough to [...]
2013 Poverty Guidelines for Sponsors Completing Affidavits of Support
Published: February 27, 2013 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) [...]
Approvals Continue for DREAMERS: Deferred Action/Employment Authorization Processing for DREAM ACT applicants
Published: February 19, 2013 As of February 19, 2013, more than 438,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make up the [...]
Another Reason to Stay Away From Immigration Consultants
Published: February 11, 2013 By the end of the summer, if not sooner, it is very possible Congress will act to provide undocumented individuals an avenue toward legalizing their status in the U.S. Exactly what the terms or requirements of [...]
Driver’s Licenses for Illinois’ Undocumented
Published: January 18, 2013 In recent weeks, the State of Illinois passed legislation to allow the state’s population of roughly 250,000 undocumented drivers to obtain driver’s licenses. The bill, which is expected to be signed by Governor Quinn, will make Illinois the [...]
March 4, 2013: Stateside “Provisional” Waiver to Become Available For Certain Undocumented Applicants
Published: January 3, 2013 On March 30, 2012, US Department of Homeland Security/Citizenship and Immigration Services first announced its plan to implement a “stateside” I-601 Waiver program, an initiative for processing a “waiver of inadmissibility” for certain applicants for permanent residence who under [...]
Approvals Continue for DREAMERS: Deferred Action/Employment Authorization Processing for DREAM ACT applicants
Published: December 14, 2012 As of December 13, 2012, more than 350,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make up the [...]
DEFERRED ACTION AND EMPLOYMENT AUTHORIZATIONS CONTINUE TO BE APPROVED FOR “DREAMERS”
Published: December 1, 2012 As of November 15, 2012, a total of almost 300,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make [...]
Obama Victory = Comprehensive Immigration Reform?
Published: November 12, 2012 According to many of our nation’s leading pundits and political commentators, it was the “Hispanic Vote” that made President Obama’s reelection possible. What exactly is the “Hispanic Vote”? It seems to have a variety of meanings, [...]
Battered Spouses and Immigration
Published: November 3, 2012 The battered spouse, whether a man or woman, is a protected class in the world of immigration law. Sensing that foreign nationals who marry U.S. citizens or residents can become vulnerable to the U.S. spouse’s physical [...]
Romney Says He’ll Mess With DACA, But Not DACA Applicants
Published: October 23, 2012 Just when it seems I have a grasp of where presidential candidate Mitt Romney stands when it comes to immigration policy, he contorts to a new position. According to statements made by him in recent weeks, [...]
DACA Applications (For DREAMERS) are Getting Approved!
Published: October 13, 2012 As of October 12, 2012, a total of almost 180,000 applications have been received by U.S. Department of Homeland Security. The vast majority of applicants have been scheduled for, or have completed, their biometric fingerprinting process. [...]
“Long Term Same Sex” Relationship Now a Factor For Some Fighting Deportation
Published: October 1, 2012 In the past week, Janet Napolitano, our top Department of Homeland Security official, announced that a removable foreign national’s “long term same sex” relationship in the U.S., like any other family relationship in the U.S., will [...]
The Green Card Lottery (DV-2014)
Published: September 25, 2012 As in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the US. Excluded from eligibility [...]
More Than 80,000 Applications Received Under Obama’s New DACA Program
Published: September 17, 2012 According to a recent press release, the U.S. Department of Homeland Security/Citizenship and Immigration Services has received more than 80,000 requests under President Obama’s Deferred Action for Childhood Arrivals (DACA) program in its first month. Of [...]
Keathley v. Holder: Seventh Circuit Halts Deportation of Alleged Unlawful Voter
Published: August 27, 2012 No doubt by now you have heard the one about the foreign national who walks into the local Secretary of State’s office to get a driver’s license, and walks out a licensed driver, an organ donor [...]
Excitement and Confusion Reign as Obama’s Deferred Action Program is Implemented
Published: August 16, 2012 Excitement and Confusion Reign as Obama’s Deferred Action Program is Implemented Is this complicated? Could I end up in removal proceedings if I apply? Will my family end up in removal proceedings? Will a filing under [...]
Information Trickling In for Obama’s “Deferred Action for Childhood Arrivals” Program –
Published: August 6, 2012 In the past week, the Obama Administration announced it will implement its “Deferred Action for Childhood Arrivals” or “DACA” program on August 15, 2012. That’s the program that will allow certain undocumented young adults who arrived [...]
US Supreme Court Strikes Down Most of Arizona’s Controversial Immigration Law
Published: July 3, 2012 To address the various issues presented by the hundreds of thousands of undocumented individuals living in their state, including the security of their state’s border with Mexico and the drain on state coffers, the State of [...]
Obama’s Brilliant Political Move: Employment Authorization – although Not Green Cards – for Qualified Undocumented Young Adults
Published: June 18, 2012 The “DREAM Act” Inspired Program In A Nutshell: Young adults who: A) have completed high school, their G.E.D. or were honorably discharged from the U.S. armed forces, B) have lived in the U.S. for more than [...]
Gay Marriage and U.S. Immigration
Published: June 1, 2012 The momentum is unmistakable. State by state, our country is taking a serious look at the issue of gay marriage, with the volume of the local and national discussion only getting higher. Whether you believe same [...]
Common Questions Facing Applicants for U.S. Citizenship
Published: May 15, 2012 The requirements to become a U.S. citizen by way of an N-400 Application for Naturalization are generally not complicated, although situations frequently arise where significant questions regarding an applicant’s eligibility are raised. General Requirements for Naturalization: [...]
U.S. Supreme Court to Consider Whether Padilla v. Kentucky Should Apply Retroactively
Published: April 30, 2012 Firstly, a review: On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty have a constitutional right to be [...]
H-1B Work Visa Availability, Heavy Demand Since April 1
Published: April 12, 2012 For most government agencies, including Department of Homeland Security’s Citizenship and Immigration Services (CIS), fiscal year 2013 starts on October 1, 2012. Starting on that date, U.S. employers are able to benefit from a new crop [...]
Update on “Stateside” I-601 Waiver Processing
Published: April 1, 2012 On March 30, 2012, US CIS published a proposed rule for the implementation of the “stateside” I-601 Waiver program. That does not mean the program is now in effect, just that the government has commenced the [...]
Immigration Benefits via Expedited “Premium Processing”
Published: March 20, 2012 Everyone wants things done yesterday. When it comes to processing of a green card, U.S. citizenship, work permit, work visa, student visa, or any other immigration benefit, the same holds true. And when people hear that [...]
Green Cards and US Citizenship: DHS/CIS Continues Its Rapid Pace of Processing
Published: March 9, 2012 U.S. Department of Homeland Security/Citizenship and Immigration Services continues to do its job with efficiency and speed when it comes to processing Applications for Naturalization (N-400) and Applications for Adjustment of Status (green card – I-485) [...]
Information For Visitors Thinking About Extending Their Visit or Changing to Student Status
Published: March 1, 2012 Foreign nationals entering the U.S. on a B-1/B-2 visa are generally granted 6 months at their port-of-entry to accomplish the purpose of their trip, be it for pleasure or business. Most visitors for business or pleasure [...]
I Am Not a U.S. Citizen, but I Registered to Vote….and Even Voted!
Published: February 21, 2012 For the past 5 years, I have seen more than a few variations on the theme of the “accidental” voter or voter registrant. In all but the exceptional case, the non-U.S. citizen was lured into registering [...]
Another New Immigration Proposal That Has Everyone Excited: I-601 Waiver Processing
Published: January 12, 2012 It never fails. Whenever a new immigration provision is presented to Congress for consideration, or is proposed by the President or some other official in the Executive Branch, the media takes the ball and runs with [...]
My Take on Republican Takes on Immigration
Published: January 4, 2012 President Obama has always made it known that he favors the enactment of some form of comprehensive immigration reform to allow for a “path to citizenship” for at least some of the approximately 12 million living [...]
To Appeal or Refile?
Published: December 14, 2011 The Administrative Appeals Office (“AAO”) is a specially designated unit within the Department of Homeland Security/Citizenship and Immigration Service charged with reviewing appeals of various immigration related petitions and applications. Sometimes the choice of filing an appeal [...]
Newt’s Nerve
Published: November 28, 2011 Watching presidential debates is not one of my favorite things to do, mainly because I have a hard time believing a single word coming out of any of the participants’ mouths. The posturing is so obvious, [...]
H-1B Visa Cap Reached
Published: November 23, 2011 As of November 22, 2011, the allotment of 85,000 H-1B work visas for Fiscal Year 2012 (which includes 20,000 visas reserved for those receiving advanced degrees in the US) has been exhausted. Thus, any H-1B petitions [...]
Undocumented and Scammed
Published: November 9, 2011 This column is as much a warning to prospective victims as it is a source of basic immigration law information – especially for the 12- 15 million individuals living in the U.S. without immigration status. Why [...]
UPDATE: H-1B Work Visa Availability
Published: October 23, 2011 For most government agencies, including Department of Homeland Security’s Citizenship and Immigration Services (CIS), fiscal year 2012 starts on October 1, 2011. Starting on that date, U.S. employers are able to benefit from a new crop [...]
The Green Card Lottery (DV-2013)
Published: October 15, 2011 As in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the US. Excluded from eligibility [...]
The Internet and Immigration Fraud
Published: October 7, 2011 U.S. immigration law consumers, whether individuals or businesses, are a particularly vulnerable population when it comes to internet fraud. The “individual” immigration law consumer is usually seeking to facilitate immigration status or entry into the U.S. [...]
Confusion Over Administration Initiative to Grant Mercy for Non-Criminals Facing Deportation
Published: September 12, 2011 Not surprisingly, the Obama Administration’s announcement of a re-shuffling of ICE enforcement priorities, including the administrative closure of certain pending removal cases of non-criminals – and with issuance of employment authorization to affected individuals, has left [...]
Mercy for Non-Criminals Facing Deportation
Published: August 22, 2011 It made a splash, a big splash, even a misunderstood splash (as is common with splashes in immigration law). Last week, the Obama Administration delivered the news that it would be re-prioritizing its immigration enforcement efforts, [...]
2011 Poverty Guidelines for Sponsors Completing Affidavits of Support
Published: August 12, 2011 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) [...]
A Tale of Two States
Published: August 3, 2011 Despite all the political drama playing out in Washington these days over our nation’s budget, it seems not a day goes by without some mention of immigration in the news, particularly when it comes to a [...]
The Top 3 Reasons H-1B Work Visa Petitions Get Denied
Published: July 15, 2011 For an H-1B work visa to be issued to a foreign worker, there must be the right type of job offer from the right type of company for the right type of worker. The right type [...]
H-1B Work Visa Availability for the Upcoming Fiscal Year
Published: June 30, 2011 For most government agencies, including Department of Homeland Security’s Citizenship and Immigration Services (CIS), fiscal year 2012 starts on October 1, 2011. Starting on that date, U.S. employers will be able to benefit from a new [...]
Green Cards and US Citizenship: DHS/CIS Continues Its Rapid Pace of Processing
Published: June 16, 2011 U.S. Department of Homeland Security/Citizenship and Immigration Services continues to do its job with efficiency and speed when it comes to processing Applications for Naturalization (N-400) and Applications for Adjustment of Status (green card – I-485) based on [...]
The Winds of Immigration Reform Continue to Blow
Published: May 11, 2011 With decisive action leading to Bin Laden’s capture and killing and an approval rating at 60%, President Obama is walking with a swagger. And with that swagger and momentum, there is no better time to start [...]
Ten Years Later: Senator Durbin Introduces the DREAM Act…..Again
Published: May 11, 2011 After passing the House of Representatives last November, the most recent version of the DREAM Act failed because supporters were unable to gather enough Senate votes to overcome procedural hurdles. On May 11, 2011 Senator Dick [...]
I Just Got My Green Card – But Now I Want to Leave
Published: April 23, 2011 It is not uncommon for newly approved green card holders to want to leave the U.S., and for an extended period. Whether they spent many years in the U.S. waiting for approval of their permanent resident [...]
“Opting Out” Under the Child Status Protection Act
Published: April 6, 2011 The Child Status Protection Act (CSPA) was enacted some 9 years ago with the primary aim of protecting eligibility for child beneficiaries of immigration filings who are nearing the age of 21. Prior to the CSPA, [...]
April 1, 2011 – The First Day to File H-1B Petitions for Upcoming Fiscal Year
Published: March 28, 2011 We are already talking fiscal year 2012, and for Department of Homeland Security/Citizenship and Immigration Services, it starts October 1, 2010. As early as April 1, 2011, interested employers and foreign workers can start the process [...]
Fiancé Visa Holders Who Divorce Their U.S. Citizen Spouse/Petitioner May Still Be Eligible for Green Card
Published: March 19, 2011 In general, the K-1 visa is available to foreign nationals seeking to enter the U.S. to marry their U.S. citizen fiancé, as long as, among other requirements, they intend on marrying within 90 days of entry, [...]
“Diversity Visa”/Green Card Lottery Scam
Published: March 4, 2011 As our government’s IT security/anti-fraud measures develop with the times, so do the tools of resourceful scam artists. The latest new scam presents itself as a scary-authentic email notification, advising the recipient that they have won [...]
Enforcement Measures Like We’ve Never Seen Before
Published: February 22, 2011 I can’t help but think the Obama Administration is doing its best to set the groundwork for enactment of comprehensive immigration reform and a path to citizenship for the 15 million undocumented in the U.S., by [...]
The Merger of the Employer Authorization and Advance Parole Travel Document
Published: February 15, 2011 This past week the U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) announced the merger of the Employment Authorization Document (EAD) and Advance Parole Travel Document (AP) for certain applicants for adjustment of status applicants. [...]
CIS Addresses Processing Delays for Certain I-130 Visa Petitions
Published: February 9, 2011 Adult U.S. citizens seeking to facilitate overseas immigrant visa processing for their spouse, under 21 year old children, or parents, have likely experienced delays in the processing of their I-130 visa petition filed with the California [...]
Options to Adjust Status in the U.S. for the Undocumented/Overstay – What’s Left?
Published: January 26, 2011 With the DREAM Act out of the picture for now, the 15 million undocumented/out of status immigrants living in the U.S. are left wondering, what options for living legally in the U.S. are left? Of course [...]
New CIS Guidance on Immigration Benefits for Surviving Relatives of Deceased Petitioners
Published: January 13, 2011 On October 28, 2009, President Obama signed into law important immigration provisions to address the unjust consequences of slow Citizenship and Immigration Services processing, particularly relating to widows and widowers of U.S. citizens. The law also [...]
UPDATE ON “DREAM ACT”: The DREAM is Over…For Now
Published: December 20, 2010 As most people have come to learn by now, the DREAM Act – the legislative initiative to allow for the legalization of 1 million or so undocumented individuals who came to the U.S. as children – [...]
New Version of DREAM ACT Up For Congressional Consideration
Published: December 1, 2010 If past experience is any guide to the future, the new and “improved” DREAM Act proposal now up for congressional consideration has little or no chance at passage. As the post 9/11 era has taught us, [...]
Immigration Filing Fees to Increase on November 23, 2010
Published:November 17, 2010 Effective November 23, 2010, filing fees for most immigration applications and petitions are set to increase, on average, some 10-15%. On the other hand, filing fees for 6 categories of applications are actually set to be reduced, [...]
Updated Version of Certificate of Naturalization
Published: October 27, 2010 As of this week, the U.S. Department of Homeland Security/Citizenship and Immigration Services began issuing a new version of the Certificate of Naturalization for newly naturalized immigrants. The new document resembles the previous version, except that [...]
Careful, Homeland Security May Want to “Friend” You
Careful, Homeland Security May Want to “Friend” You Published: October 20, 2010 In recent years, government officials have increasingly been turning to high technology to gather information to assess marital relationships that are the basis of immigration filings, such as [...]
Litigation and the Undocumented
Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for [...]
The Green Card Lottery (DV-2012)
The Green Card Lottery (DV-2012) Published: October 5, 2010 As in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in [...]
The Strange World of Politics and the Killing of the “Dream Act”
The Strange World of Politics and the Killing of the “Dream Act” Published: September 22, 2010 For about the past 10 years a legislative proposal known as the DREAM Act – standing for Development, Relief, and Education for Alien Minors [...]
Information For Visitors Thinking About Extending Their Visit or Changing to Student Status
Information For Visitors Thinking About Extending Their Visit or Changing to Student Status Published: September 8, 2010 Foreign nationals entering the U.S. on a B-1/B-2 visa are generally granted 6 months at their port-of-entry to accomplish the purpose of their [...]
Filing Fees Rise Dramatically for Certain Employers Seeking to Employ H-1B or L-1 Workers
Filing Fees Rise Dramatically for Certain Employers Seeking to Employ H-1B or L-1 Workers Published: August 25, 2010 Pricey filing fees for certain companies seeking to employ H-1B and L-1 workers have gotten even pricier in the past month – [...]
Family 2A Preference Shows Major Progression
Family 2A Preference Shows Major Progression Published: August 15, 2010 Each year, more than 100,000 immigrant visas are made available to foreign national spouses, and under 21 year old single children, of U.S. Lawful Permanent Residents (LPR). In recent years, [...]
ATTENTION: Important Filing Locations to Change
ATTENTION: Important Filing Locations to Change Published: August 4, 2010 CIS has announced new filing locations for a variety of petitions and applications, including: For I-129F – Petition for Alien Fiance – Now to be filed at: US CIS, P.O. [...]
H-1B Visas Continue to Be Available for the Upcoming Fiscal Year
H-1B Visas Continue to Be Available for the Upcoming Fiscal Year Published: July 30, 2010 For most government agencies, including Department of Homeland Security’s Citizenship and Immigration Services (CIS), fiscal year 2011 starts on October 1, 2010. Starting on that [...]
How to Obtain an Employment Authorization Document
How to Obtain an Employment Authorization Document Published: July 13, 2010 What is 2” x 3 ½ “, laminated, features a foreign national’s photo and is sought after by tens of millions in the U.S., and billions across the world? [...]
ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform
ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform Published: June 30, 2010 Recent estimates place the number of illegal or undocumented immigrants in the U.S. anywhere from 10 to 15 million. With very few exceptions, the laws [...]
When The Marriage Goes Sour: Options for Pending Adjustment of Status Applicants in the U.S.
When The Marriage Goes Sour: Options for Pending Adjustment of Status Applicants in the U.S. Published: June 4, 2010 A foreign national is in the U.S. visiting, studying or working, (possibly even overstaying their visa) and he meets the person [...]
Green Card Is Green Again
Green Card Is Green Again Published: May 18, 2010 It has been more than a few decades since the document evidencing one’s U.S. lawful permanent resident was actually green, but the label “green card” seemed to stick. Even though the [...]
Citizenship Options for Individuals Serving in the Armed Forces
Citizenship Options for Individuals Serving in the Armed Forces Published: May 8, 2010 Whether you are a lawful permanent resident or simply undocumented, signing up and serving in the U.S. military may pave a quick, and perhaps an otherwise unavailable path, [...]
The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration
The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration Published: April 24, 2010 The question has been lingering for years: what is our nation going to do about the 15 million or so undocumented living in the U.S.? Commence [...]
U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty
U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty Published: April 1, 2010 On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal [...]
I Have Been Arrested By Immigration…..Now What?
I Have Been Arrested By Immigration…..Now What? Published: March 18, 2010 At the risk of sounding cliché’ or predictable, the first step a detained foreign national needs to take is to get an experienced, honest immigration lawyer on the case. [...]
It Seems the K-3 Visa Has Become a Dinosaur
It Seems the K-3 Visa Has Become a Dinosaur Published: February 22, 2010 Frankly, I never understood the point of the K-3/K-4 visa, a temporary visa that allows overseas spouses and children of U.S. citizens to enter the U.S. while [...]
Increased Scrutiny for H-1B Work Visa Petitions Involving Off-Site Assignments
Increased Scrutiny for H-1B Work Visa Petitions Involving Off-Site Assignments Published: February 8, 2010 The H-1B work visa is available to foreign workers who have earned the equivalent of a U.S. bachelor’s degree, and who are being petitioned to work [...]
Lou Dobbs Said What?
Lou Dobbs Said What? Published: January 9, 2010 When it was announced Lou Dobbs, a controversial television commentator, was leaving CNN, I set out to write a column explaining the significance of his views and departure from CNN and whether [...]
New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain
New Immigration Legislation to Benefit Widow(er)s of U.S. Citizens and Other Surviving Family Members of Deceased Petitioners and Applicants; Significant Questions Remain Published: December 2, 2009 On October 28, 2009, President Obama signed into law important immigration provisions to address [...]
Public Benefits and Immigration
Public Benefits and Immigration Published: November 16, 2009 In the past month, U.S. Citizenship and Immigration Services released a “Fact Sheet” outlining the law as it relates to a foreign national’s receipt of certain public benefits in the U.S. and [...]
Special Immigrant Religious Worker Law Extended Through September, 2012
Special Immigrant Religious Worker Law Extended Through September, 2012 Published: October 29, 2009 Religious workers seeking to live and work in the U.S. have historically had generous visa options available for both temporary (nonimmigrant visa) and permanent (green card) stays [...]
The Green Card Lottery (DV-2011)
The Green Card Lottery (DV-2011) Published: October 4, 2009 As in years past, millions of people from all over world will submit entries to have a chance at one of 55,000 diversity immigrant visas and obtain “green card” status in [...]
U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences
U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences Published: September 14, 2009 On October 13, 2009, the U.S. Supreme Court will hear arguments in a case involving a U.S. lawful permanent resident facing removal [...]
CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What?
CIS Issuing Approval Notices for Long Pending I-130 Petitions; Now What? Published: August 31, 2009 In recent weeks, it appears Citizenship and Immigration Service Centers across the US have been making headway on their backlog of long pending visa petitions [...]
20,000 H-1B Work Visas Continue to Be Available
20,000 H-1B Work Visas Continue to Be Available Published: August 15, 2009 With the federal government’s new fiscal year starting on October 1, many in our business and foreign worker communities will be surprised to learn that 20,000 H-1B, temporary [...]
My Marriage is Falling Apart, and Our I-751 Joint Petition to Remove the Conditional Basis on My Resident Status is Still Pending — What Do I Do?
My Marriage is Falling Apart, and Our I-751 Joint Petition to Remove the Conditional Basis on My Resident Status is Still Pending — What Do I Do? Published: July 30, 2009 When a foreign national is granted U.S. residence as [...]
Break Neck Speed: The State of Permanent Resident and Citizenship Processing
Break Neck Speed: The State of Permanent Resident and Citizenship Processing Published: July 7, 2009 Foreign nationals in the U.S. who are applying for U.S. permanent resident status (including conditional permanent resident status) aka “adjustment of status,” based on marriage [...]
Expedited Processing Back On for I-140, Immigrant Petitions for Alien Workers; Visa Availability Still an Obstacle
Expedited Processing Back On for I-140, Immigrant Petitions for Alien Workers; Visa Availability Still an Obstacle Published: June 26, 2009 Expedited processing, or “Premium Processing,” allows for processing of certain immigration petitions in 15 calendar days or less with the [...]
Help for Widows and Widowers of U.S. Citizens Seeking to Remain in the U.S.
Help for Widows and Widowers of U.S. Citizens Seeking to Remain in the U.S. Published: June 11, 2009 The way current legislation reads, widows and widowers of U.S. citizens who are married less than two years at the time their [...]
The New Attorney General Reverses Field on Legal Representation in Removal Proceedings
The New Attorney General Reverses Field on Legal Representation in Removal Proceedings Published: June 4, 2009 Just over 4 months after the outgoing Attorney General declared that foreign nationals do not have the right to effective representation in removal proceedings, [...]
U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers
U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers Published: May 13, 2009 Last week the U.S. Supreme Court issued a unanimous decision rejecting the criminal prosecution of certain undocumented workers, under a federal identity theft statute, because [...]
Department of Homeland Security Refocusing Goals in Workplace Enforcement
Department of Homeland Security Refocusing Goals in Workplace Enforcement Published: April 30, 2009 Today, the U.S. Department of Homeland Security (DHS) announced a new vision when it comes to the implementation of worksite enforcement policies and the goals it seeks [...]
New Filing Instructions for Residents Seeking to Renew Resident Cards
New Filing Instructions for Residents Seeking to Renew Resident Cards Published: April 29, 2009 US lawful permanent residents renewing their Permanent Resident Cards by way of direct mailing of Form I-90 (as opposed to online filing) should pay attention to [...]
Significantly Less Demand for H-1B Visas
Significantly Less Demand for H-1B Visas Published: April 15, 2009 In years past, the annual supply of 65,000 H-1B work visas was exhausted within the first week of availability. However, according to a news release issued last week by U.S. [...]
Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers
Immigrant Visas Unavailable for EB-3 Professionals, Skilled Workers and Unskilled Workers Published: April 10, 2009 The State Department’s recently issued visa bulletin for May 2009 features bad news for all foreign workers in the Employment-Based 3rd Preference Category, which includes [...]
Will Durbin’s DREAM (Act) Ever Come True?
Will Durbin’s DREAM (Act) Ever Come True? Published: March 30, 2009 There are a multitude of perspectives in the debate about how our country should fix the problem of having 10 to 20 million undocumented individuals residing here. Days ago, [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support Published: March 15, 2009 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have [...]
Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire
Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire Published: February 28, 2009 It’s a problem. A big problem. Innocent foreign nationals from countries far and wide are finding themselves in the middle of the Motor-Voter/Deportation crossfire here in the [...]
The Right to “Effective Assistance of Counsel” in Removal Proceedings
The Right to “Effective Assistance of Counsel” in Removal Proceedings Published: February 9, 2009 When a foreign national is prejudiced by the ineffective assistance of his attorney in the context of removal proceedings, the foreign national has historically had a [...]
Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?
Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home [...]
Amidst Fear of Terrorism, US CIS Sets Goals for Screening Fraudulent Green Card Applications
Amidst Fear of Terrorism, US CIS Sets Goals for Screening Fraudulent Green Card Applications Published January 6, 2009 Recently, the U.S. Congressional Committee on Homeland Security commissioned a study of fraud among immigrant Adjustment of Status applications, after a 2004 [...]
UPDATE: The Truth about Foreign Nurses and US Immigration Law
UPDATE: The Truth about Foreign Nurses and US Immigration Law Published December 8, 2008 As of this writing there truly is no speedy and simple way to facilitate the issuance of either immigrant or temporary work visas for Registered Nurses [...]
An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval
An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval Published November 24, 2008 For citizens of North American countries such as Canada and Mexico, the path toward obtaining a nonimmigrant visa [...]
Barack Obama and the Future of Our Immigration Laws
Barack Obama and the Future of Our Immigration Laws Published: November 5, 2008 Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency [...]
New Civics Test Implemented for N-400 Applicants
New Civics Test Implemented for N-400 Applicants Published October 21, 2008 Beginning Oct. 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) is using new questions for the U.S. civics portion of the N-400, Application for Naturalization testing process. Applicants [...]
Filing Locations for N-400: Applications for Naturalization Stay the Same… For Now
Filing Locations for N-400: Applications for Naturalization Stay the Same… For Now Published October 10, 2008 In the past week or so, U.S. Citizenship and Immigration Service has reversed course and now confirms that the filing locations for N-400 Applications [...]
The New Visa Lottery (DV-2010)
The New Visa Lottery (DV-2010) Published September 25, 2008 As in years past, millions of people from all over world will submit entries to have a chance at one of 55,000 diversity immigrant visas and obtain “green card” status in [...]
Now is the Time for Employers and New Foreign National Employees to Start Thinking about H-1B Petitions
Now is the Time for Employers and New Foreign National Employees to Start Thinking about H-1B Petitions Published September 15, 2008 65,000 and 20,000. As of this writing, those are the numbers for the annual allotment of new H-1B visas [...]
The Role of Counsel in PERM / Labor Certification Processing
The Role of Counsel in PERM / Labor Certification Processing Published September 5, 2008 Foreign nationals seeking to obtain permanent resident status in the U.S. by way of a job offer are usually subject to a process wherein the employer [...]
In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened
In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened Published August 25, 2008 But I had the matter expunged! That is usually the first response a client will provide when I suggest that we must [...]
New Medical Forms, New Vaccine Requirements, and One Small Detail
New Medical Forms, New Vaccine Requirements, and One Small Detail Published August 15, 2008 This summer US Citizenship and Immigration Services (CIS) has issued a new list of required vaccinations and a new medical form for applicants for permanent residence [...]
Oath Ceremonies at US CIS, Chicago District Office
Oath Ceremonies at US CIS, Chicago Distrit Office Published August 8, 2008 When I attended a client’s Naturalization Interview earlier this week, I observed a departure from what has typically been Chicago CIS office procedure. Applicants who were being approved [...]
The Scheduled Departure Program
The Scheduled Departure Program Published August 1, 2008 U.S. Immigration and Customs Enforcement (ICE) put a puzzling offer on the table last week to immigrants with final orders of removal, deportation or exclusion who never actually departed the U.S. ICE [...]
Extending Visitor/Tourist Visa Status: It’s Gotten Complicated
Extending Visitor/Tourist Visa Status: It’s Gotten Complicated Published July 10, 2008 While the laws governing the extension of visitor/tourist visa status for foreign nationals visiting the U.S. have not changed, the manner in which the Department of Homeland Security’s Citizenship [...]
New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement
New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement Published June 19, 2008 Section 287(g) of the Immigration and Nationality Act allows State Law Enforcement agencies (such as a county sheriff’s office or a state highway [...]
Two-year Employment Authorization Documents to Be Issued to Certain Adjustment of Status Applicants
Two-year Employment Authorization Documents to Be Issued to Certain Adjustment of Status Applicants Published June 19, 2008 Particular classes of immigrants are eligible to apply for employment authorization, including certain asylum applicants, persons in student status who will work in [...]
CIS to “Move Up” Adjustment of Status (I-485) and Naturalization (N400) Applications for Immigrants Who Stand to Lose SSI Benefits
CIS to “Move Up” Adjustment of Status (I-485) and Naturalization (N400) Applications for Immigrants Who Stand to Lose SSI Benefits Published June 7, 2008 Each year, thousands of disabled and elderly immigrants (permanent residents), refugees and asylees lose their right [...]
Beware of the False Claim to U.S. Citizenship Trap
Beware of the False Claim to U.S. Citizenship Trap Published May 10, 2008 Whether you are in the United States with no status (undocumented or visa overstay), temporary status or even permanent resident status it is important to take note [...]
CIS Issues New Rule Regarding OPT Program
CIS Issues New Rule Regarding OPT Program April 14, 2008 The OPT (Optional Practical Training) program allows nonimmigrants who are in the United States – usually following the completion of their F-1 program – to temporarily, and with authorization, work [...]
The H-1B Race is On Again
The H-1B Race is On Again March 28, 2008 Unless you are a governmental organization or a not for profit organization associated with an institution of higher learning (or the like), the odds of your business or organization successfully facilitating [...]
Proof of Immigration Status Cannot be Required When Applying for A Marriage License
Proof of Immigration Status Cannot be Required When Applying for A Marriage License March 13, 2008 Although it does not appear to be a problem anywhere in the State of Illinois, marriage license applicants in Luzerne County, Pennsylvania have run [...]
Homeland Security Addresses Name Check Delays
Homeland Security Addresses Name Check Delays February 28, 2008 In what appears to be a significant victory for customers of the Citizenship and Immigration Service (CIS), the U.S. Department of Homeland Security has announced its plan to eliminate systemic delays [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support February 15, 2008 Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have [...]
USCIS Director Testifies Before Congress: “Naturalization Delays: Causes, Consequences and Solutions”
USCIS Director Testifies Before Congress: “Naturalization Delays: Causes, Consequences and Solutions” February 2, 2008 As many in the U.S. immigrant community are aware, on July 30, 2007 U.S. Citizenship and Immigration Services (USCIS) dramatically increased filing fees for nearly all [...]
Can the Green Card Renewal Process Lead to Removal Proceedings?
Can the Green Card Renewal Process Lead to Removal Proceedings? January 15, 2008 This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to [...]
Renewing Green Cards With No Expiration Date
Renewing Green Cards With No Expiration Date December 5, 2007 On August 22, 2007, the U.S. Citizenship and Immigration Services (CIS) issued a proposed regulation that would require approximately 750,000 lawful permanent residents (LPRs) with permanent resident cards (aka “green [...]
Applying for a Social Security Number
Applying for a Social Security Number November 18, 2007 One of the requirements for legal employment in the United States is a valid Social Security Number (SSN) issued by the Social Security Administration (SSA). For most people born in the [...]
Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform?
Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform? November 7, 2007 Oklahoma Governor Brad Henry signed a bill in May that invokes tough measures enabling the state of Oklahoma to combat illegal immigration. The law, [...]
DREAM Act Proposal Shot Down Again
DREAM Act Proposal Shot Down Again October 31, 2007 The most current version of the DREAM Act (which has been an evolving congressional concept since 2001) fell eight votes short of passing a Senate test vote on October 24, meaning [...]
Injunction Continues in SSA “No Match Letter” Litigation
Injunction Continues in SSA “No Match Letter” Litigation October 15, 2007 On October 10, 2007, U.S District Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has granted a motion for a preliminary injunction, [...]
DHS vs. State of Illinois
DHS vs. State of Illinois October 11, 2007 It’s the Department of Homeland Security (“DHS”) versus the State of Illinois in a lawsuit filed by the DHS over a recently enacted Illinois amendment to the Right to Privacy at Work [...]
New Federal Court Decision Addresses Delays in Processing Citizenship Applications
New Federal Court Decision Addresses Delays in Processing Citizenship Applications September 27, 2007 As many applicants for US citizenship are aware, the delay in the processing of their applications can be infuriating. Many applicants find themselves waiting months, and even [...]
Lawsuit Blocks Enforcement of Workplace Rules
Lawsuit Blocks Enforcement of Workplace Rules September 12, 2007 As the confusion continues to circle around the future of immigration laws in the United States, a new element has been added to the already complex issue. On August 10, 2007, [...]
New Immigration Filing Fees, Fee Waivers
New Immigration Filing Fees, Fee Waivers August 10, 2007 As you may be aware, U.S. Citizenship and Immigration Services (USCIS) issued a new fee schedule which went into effect July 30, 2007. The fee increases are significant, to say the [...]
The 35-Day Rollercoaster Ride
The 35-Day Rollercoaster Ride July 20, 2007 June 13th, July 2nd and July 17th of 2007 are three dates that will forever remain infamous among immigration lawyers and the clients and communities they serve. In the span of 35 days, [...]
Chaos for Employment-Based Green Card Applicants
Chaos for Employment-Based Green Card Applicants July 5, 2007 My fellow immigration lawyers and I find ourselves reeling after two notices issued by the State Department in the past three weeks. First, on June 13, 2007, the State Department issued [...]
Comprehensive Immigration Reform: If? When? What?
Comprehensive Immigration Reform: If? When? What? June 13, 2007 In just a few hours, I will be flying to Orlando, Florida for the annual conference of the American Immigration Lawyers Association. Even after practicing exclusively U.S. immigration law for almost [...]
The Latest Comprehensive Immigration Law Proposal
The Latest Comprehensive Immigration Law Proposal May 17, 2007 Senate leaders from both parties have revived their discussion of immigration reform, this time around seeking a true compromise. A new bill is under construction, which the full Senate plans to [...]
The Immigration Components of the Adam Walsh Act
The Immigration Components of the Adam Walsh Act May 2, 2007 In recent years, outrage over crimes against children has led many states to enforce a variety of laws aimed at protecting children from child predators. One such law, the [...]
H-1B Visa Cap Reached Within Hours
H-1B Visa Cap Reached Within Hours April 12, 2007 The general allotment of 65,000 H-1B work visas for fiscal year 2008, which runs from October 1, 2007 through September 20, 2008, was exhausted on the first day that applications were [...]
The New Bi-Partisan Immigration Proposal: The Strive Act
The New Bi-Partisan Immigration Proposal: The Strive Act March 29, 2007 Our President, along with many U.S. politicians – including a few of our presidential candidates, think we should enact comprehensive immigration reform and find a way to legalize the [...]
CGFNS Halts Visa Screen Issuance To Certain Filipino RN’s
CGFNS Halts Visa Screen Issuance To Certain Filipino RN’s February 22, 2007 For final U.S. immigrant visa processing to be completed, most foreign Registered Nurses are required to present evidence of special certification confirming the bona fides of their educational [...]
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support
New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support February 15, 2007 Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have [...]
U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation
U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation January 25, 2007 While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is [...]
Can PERM Applications Lead to a Green Card in Less Than a Year?
Can PERM Applications Lead to a Green Card in Less Than a Year? January 11, 2007 Unless the worker has a Master’s Degree or equivalent AND generally, is in lawful immigration status (if in U.S.), the answer is NO. The [...]
The Line Forms, Once Again, for R.N.’s and P.T.’s Seeking Green Cards
The Line Forms, Once Again, for R.N.’s and P.T.’s Seeking Green Cards December 20, 2006 Registered nurses (R.N.) and physical therapists (P.T.) seeking permanent residence in the U.S. have once again tapped out the supply of available visas, and a [...]
Feds Testing New Naturalization Exam in Designated Cities
Feds Testing New Naturalization Exam in Designated Cities November 29, 2006 The start of the New Year not only brings wishes for a better year or New Year’s resolutions, but early 2007 will also bring a trial run of a [...]
False Claims to U.S. Citizenship
False Claims to U.S. Citizenship November 10, 2006 Lying about one’s immigration status can have serious consequences, especially when it involves a false claim to U.S. citizenship. A false claim to U.S. citizenship can mean an applicant will forever be [...]
Tips For Immigration Law Consumers
Tips For Immigration Law Consumers (Based on client stories I have recently heard in my day to day practice.) October 24, 2006 Stay away from scam artists. If it smells like a scam, it probably is. Immigration scams stink, and [...]
CIS Chicago: Adjustment of Status Interviews Scheduled Within 120 Days
CIS Chicago: Adjustment of Status Interviews Scheduled Within 120 Days October 10, 2006 Applicants for permanent residence who are already in the U.S. in some sort of temporary, nonimmigrant visa status can expect their adjustment of status interview to be [...]
The New Visa Lottery (DV-2008)
The New Visa Lottery (DV-2008) October 1, 2006 Like in years past, millions of people from all over world will submit entries to have a chance at one of 50,000 diversity immigrant visas and obtain “green card” status in the [...]
Expedited, Premium Processing Further Expanded
Expedited, Premium Processing Further Expanded September 15, 2006 In the past few months, the U.S. Citizenship and Immigration Service (CIS) has extended “premium,” expedited processing to a variety of new immigration filings, including the I-140, Immigrant Worker Petition for 2 [...]
Expedited, Premium Processing Finally Available for Immigrant Worker Petitions, including Registered Nurse Filings
Expedited, Premium Processing Finally Available for Immigrant Worker Petitions, including Registered Nurse Filings August 31, 2006 A couple months back, the U.S. Citizenship and Immigration Service (CIS) announced a plan to extend “premium,” expedited processing to a variety of new [...]
Justice Department Initiative to Improve Immigration Courts and BIA
Justice Department Initiative to Improve Immigration Courts and BIA August 16, 2006 After ordering the review of almost 20 immigration courts and conducting extensive field research and interviews, Attorney General Alberto R. Gonzales announced that the Department of Justice will [...]
CIS Chicago’s New Facility
CIS Chicago’s New Facility July 10, 2006 In the coming month, the U.S. Citizenship and Immigration Service’s Chicago office will be moving to a new facility downtown at 101 W. Congress, Chicago – the southwest corner of Clark and Congress. [...]
President Shows An Iron Fist With His Right Hand While His Left Hand Pushes a Relatively Forgiving Legislative Agenda
President Shows An Iron Fist With His Right Hand While His Left Hand Pushes a Relatively Forgiving Legislative Agenda June 22, 2006 As he champions a legislative agenda that will allow millions of illegal aliens a path toward legalization, President [...]
Premium Processing to be Extended to Certain I-140, I-539 and I-765 Filings
Premium Processing to be Extended to Certain I-140, I-539 and I-765 Filings June 15, 2006 For the past few years, companies seeking to employ foreign workers in a variety of temporary work visa categories (including H-1B, L-1 and R-1) have [...]
1,100 Approved Fiance Petitions are Recalled
1,100 Approved Fiance Petitions are Recalled June 8, 2006 Speaking of criminal background checks, as of March 5, 2006, US CIS was mandated by federal statute to conduct background checks on all U.S. citizens seeking to petition their foreign fiancés. [...]
The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members
The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members June 1, 2006 The U.S. Citizenship and Immigration Service (“CIS”) recently issued a policy memorandum setting forth circumstances under which the criminal history of a U.S. citizen filing [...]
Immigration Security Checks
Immigration Security Checks May 11, 2006 “Everything looks o.k. with your case, but we are awaiting final FBI clearance on your name check before we can approve you.” This may sound familiar to many of you who have recently appeared [...]
CIS Continues to Shift Processing Sites
CIS Continues to Shift Processing Sites April 27, 2006 In the past year, U.S. Citizenship and Immigration Services has continued its initiative toward establishing centralized processing for various types of immigration applications and petitions. For all family based applicants seeking [...]
The Protests, The Debates
The Protests, The Debates March 30, 2006 Immigration talk is everywhere these days. Local news, national news, Yahoo.com, and perhaps even at dinner tables across America. And what about those big protests in Chicago, Detroit, L.A. and in other cities [...]
Automatic U.S. Citizenship
Automatic U.S. Citizenship March 10, 2006 How does a foreign born individual residing in the U.S. become a U.S. citizen without ever submitting Form N-400, Application for Naturalization? Simple – by way of their parent or parents being sworn in [...]
Work Eligibility Without a Social Security Number
Work Eligibility Without a Social Security Number March 10, 2006 What happens when a foreign national is in possession of a recently issued alien registration card/I-551 passport stamp (“green card”), employment authorization document OR work visa, wants to work, but [...]
New Poverty Guidelines In Effect for 2006
New Poverty Guidelines In Effect for 2006 March 1, 2006 Before any intending family-based immigrant is issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 [...]
Waiver of Adjustment of Status Interview Becoming More Common
Waiver of Adjustment of Status Interview Becoming More Common February 15, 2006 With the exception of marriage based filings, as of late the Citizenship and Immigration Service is more frequently approving, without interview, more categories of adjustment of status filings [...]
Isolated Instances of Drug Use May Lead to Denial of Immigrant Visa
Isolated Instances of Drug Use May Lead to Denial of Immigrant Visa February 1, 2006 Section 221(d) of the Immigration and Nationality Act requires immigrant visa applicants to undergo a physical and mental examination so as to determine whether the [...]
U.S. Attorney General Weighs In On The Conduct of Immigration Judges and the Appeals System
U.S. Attorney General Weighs In On The Conduct of Immigration Judges and the Appeals System January 16, 2006 In recent days, U.S. Attorney General Alberto J. Gonzales, the highest ranking official in the U.S. Department of Justice, issued a memorandum [...]
CIS Eases Affidavit of Support Requirements for Adjustment of Status Applicants
CIS Eases Affidavit of Support Requirements for Adjustment of Status Applicants December 22, 2005 For applicants undergoing permanent residence processing within the U.S. (aka adjustment of status), the Affidavit of Support component just got easier. With the exception of employment [...]
More Legalization Talk
More Legalization Talk December 1, 2005 As demonstrated by a speech delivered this week, President Bush seems intent on passing some sort of immigration reform legislation before leaving office. His agenda incorporates the dual goals of 1) strengthening our borders [...]
U.S. Department of State: New Guidance for Student Visa Issuance
U.S. Department of State: New Guidance for Student Visa Issuance November 15, 2005 Although the regulations governing the decision-making process for the issuance of student visas for foreign nationals abroad have not changed, a recent U.S. Department of State’s directive [...]
What’s With All Those Biometrics Notices
What’s With All Those Biometrics Notices November 1, 2005 Applicants for permanent residence in the U.S. (adjustment of status) are receiving multiple notices to appear for biometric fingerprinting after submitting their applications. With new biometric technology being employed for the [...]
Yet Another Policy Revision for Registered Nurse and Physical Therapist Immigrant Petitions
Yet Another Policy Revision for Registered Nurse and Physical Therapist Immigrant Petitions October 15, 2005 Healthcare facilities seeking to commence immigrant visa processing on behalf of foreign registered nurses and physical therapists have lately faced numerous, often confusing, rule changes [...]
THE NEW VISA LOTTERY (DV-2007)
THE NEW VISA LOTTERY (DV-2007) October 1, 2005 Like in years past, many foreign nationals do not get to participate in this year’s visa lottery where millions from all over world submit entries to have a chance at one of [...]
Immigrant Visa Backlogs Impact Employment Based Filings
Immigrant Visa Backlogs Impact Employment Based Filings September 15, 2005 Applicants for U.S. permanent residence based on a job offer have been seeing a new set of conditions in the past year or so. For applicants falling into the employment [...]
New Documentation Requirements for R. N. and P.T. Immigrant Petitions
New Documentation Requirements for R. N. and P.T. Immigrant Petitions August 31, 2005 Healthcare facilities and foreign nurses and physical therapists, take note: extensive changes in documentation requirements for immigrant visa petitions have been implemented in the past few months. [...]
H-1B Visa Cap Is Reached
H-1B Visa Cap Is Reached August 25, 2005 The general allotment of 65,000 H-1B visas for fiscal year 2006 has indeed been exhausted, and the fiscal year has not even yet begun. The allotment of 20, 000 H-1B visas for [...]
H-1B Work Visa Numbers Starting To Dwindle for Fiscal Year 2006
H-1B Work Visa Numbers Starting To Dwindle for Fiscal Year 2006 August 1, 2005 Although fiscal year 2006, which starts on October 1, 2005 and runs through September 20, 2006, has yet to arrive, the H-1B visa supply for this [...]
PERM is Starting to Work
PERM is Starting to Work July 21, 2005 The new, expedited online labor certification procedure known as Program Electronic Review Management (“PERM”) has been implemented, and immigration law practitioners across the US are starting to see results. As background, labor [...]
Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents
Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents July 14, 2005 In the past month, a legislative proposal was introduced in both the U.S. House of Representatives and Senate which would essentially allow gay [...]
Amnesty, 245(i) – Will Either Ever Happen Again?
Amnesty, 245(i) – Will Either Ever Happen Again? July 1, 2005 In the past 20 years or so, the terms “amnesty” and “245(i)” have been music to the ears of our country’s undocumented population, with the former generally referring to [...]
Immigrant Visas Become Available for Registered Nurses and Physical Therapists
Immigrant Visas Become Available for Registered Nurses and Physical Therapists June 22, 2005 Pursuant to recently passed legislation, the U.S. Department of State has announced that effective July 1, 2005, US immigrant visas will become available for Registered Nurses and [...]
New Green Card Renewal Program Implemented; AND Must Applicants For U.S. Citizenship Also File I-90?
New Green Card Renewal Program Implemented; AND Must Applicants For U.S. Citizenship Also File I-90? June 8, 2005 In the past week, the U.S. Citizenship and Immigration Services (CIS) has unveiled a new procedure by which lawful permanent residents of [...]
Proposed Legislation to Address Immigrant Visa & Availability Issues for R.N.’s and P.T.’s
Proposed Legislation to Address Immigrant Visa & Availability Issues for R.N.’s and P.T.’s May 12, 2005 As previously discussed in this column, the overwhelming demand for immigrant visas in the Employment Based, Third Preference category has led to the implementation [...]
20,000 Additional H-1B Visas Become Available for Fiscal Year ’05
20,000 Additional H-1B Visas Become Available for Fiscal Year ’05 May 5, 2005 As promised, the US Citizenship and Immigration Service has finally set forth a procedure by which US employers and foreign national workers can access the additional 20,000 [...]
Current Availability of H-1B Work Visas
Current Availability of H-1B Work Visas April 22, 2005 No doubt about it, the annual allotment of 65,000 H-1B visas for foreign professional workers dries up pretty quick. Within just a few months after the Citizenship and Immigration Service’s fiscal [...]
How Long Can I Remain Outside the US on My Green Card?
How Long Can I Remain Outside the US on My Green Card? April 7, 2005 Individuals granted lawful permanent residence status in the U.S. and issued an Alien Registration Card (aka “green card”) are expected by the U.S. government [...]
Timing of U.S. Citizenship Applications, Including New Policy
Timing of U.S. Citizenship Applications, Including New Policy March 15, 2005 In most cases, prospective applicants for U.S. citizenship must live in the U.S. for 5 years as lawful permanent residents before they become eligible to submit their N-400 applications. [...]
Comprehensive Immigration Reform Package Once Again Reintroduced In Congress
Comprehensive Immigration Reform Package Once Again Reintroduced In Congress February 25, 2005 Earlier this month a bipartisan group of 32 senators have sponsored and reintroduced immigration reform legislation in the U.S. Senate known as “The Agricultural Jobs, Opportunity, Benefits and [...]
Extension of V Status Now Possible for Those Turning 21
Extension of V Status Now Possible for Those Turning 21 February 11, 2005 In 2001, the U.S. Congress made available V visas for spouses and under 21 year old children of U.S. lawful permanent residents provided: a) the permanent resident [...]
CIS Provides Guidance on H-1B Temporary Visas for Registered Nurses
CIS Provides Guidance on H-1B Temporary Visas for Registered Nurses January 13, 2005 The H-1B temporary work visa, when available, can be approved by U.S. immigration officials in a matter of days, and at a U.S. consular post abroad in [...]
More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals
More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals December 22, 2004 If you are a “professional” or “skilled worker” from the Philippines, China or India and are just starting the U.S. immigrant visa petition process or [...]
Law Enforcement Association Opposes CLEAR Act Proposal
Law Enforcement Association Opposes CLEAR Act Proposal December 2, 2004 CLEAR, or Clear Law Enforcement for Criminal Alien Removal, is a federal legislative proposal currently under consideration in Washington, which includes provisions that would impose mandatory financial penalties on local [...]
U.S. Supreme Court Rules on DUI / Deportation Issue
U.S. Supreme Court Rules on DUI / Deportation Issue November 12, 2004 Firstly, contrary to the impression the general public might have been given based on recent media coverage of a recent Supreme Court decision, a conviction for driving under [...]
Changing to Student Status while in the U.S. – Do’s and Don’ts
Changing to Student Status while in the U.S. – Do’s and Don’ts October 15, 2004 To be issued an F-1 student visa at a US consular post outside the US, an applicant must prove, among other things, that a) she [...]
H-1B Visas Already Running Out for 2005 & More on INFOPASS
H-1B Visas Already Running Out for 2005 & More on INFOPASS September 30, 2004 H-1B Visas Already Running Out for 2005 H-1B work visas, the work visa used mainly by foreign national university graduates to fill professional positions in the [...]
CIS Service Centers Implement Good Idea
CIS Service Centers Implement Good Idea September 9, 2004 Over the past year or so, processing times for family based, I-130 immigrant petitions have skyrocketed. Of particular significance are the extended processing times for visa petitions in the “Immediate Relative” [...]
INFOPASS Set To Debut At CIS Chicago
INFOPASS Set To Debut At CIS Chicago August 19, 2004 For those seeking to avoid the long waits that typically accompany a visit to Chicago’s Citizenship and Immigration Service office, an online appointment reservation system will soon be available. Starting [...]
Travel Outside the US while Permanent Residence Processing is Pending
Travel Outside the US while Permanent Residence Processing is Pending July 15, 2004 With the worst delays in recent history affecting the processing of all types of immigration filings, applicants are often left wondering what they are paying for when [...]
New CIS Initiatives to Reduce Backlogs; Just PR, or the Real Thing?
New CIS Initiatives to Reduce Backlogs; Just PR, or the Real Thing? June 25, 2004 A recent CIS (formerly INS) press release lays out a “Backlog Elimination Strategy” designed to cut down the waiting time on all applications, including the [...]
Immigration Processing Delays and Possible Solutions
Immigration Processing Delays and Possible Solutions June 10, 2004 Whether you are a U.S. citizen filing immigration paperwork on behalf of an overseas spouse or parent, or you are an applicant for permanent residence awaiting processing in the U.S., no [...]
US CIS Announces Filing Fee “Adjustment” & Is U.S. Immigration Harmful to the Environment
US CIS Announces Filing Fee “Adjustment” & Is U.S. Immigration Harmful to the Environment April 30, 2004 US CIS Announces Filing Fee “Adjustment” According to a US CIS (formerly INS) press release issued earlier this month, new, “adjusted” immigration filing [...]
Is Immigration the Answer to America’s Health Care Worker Shortage?
Is Immigration the Answer to America’s Health Care Worker Shortage? April 2, 2004 A report recently issued by the American Immigration Law Foundation (AILF) brings to light an issue of great urgency and importance to our society. The report, entitled, [...]
Impact of H-1B Visa Cap Being Reached; New I-864 Income Guidelines for 2004
Impact of H-1B Visa Cap Being Reached; New I-864 Income Guidelines for 2004 March 11, 2004 The 65,000 H-1B work visas allotted for fiscal year 2004, running from October 2003 through October 2004, have run out. With current H-1B visa [...]
H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence
H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence February 27, 2004 Allotment of H-1B Visas Has Been Exhausted for This Fiscal Year For the fiscal year of 2004, which starts October 1, 2003 and ends on [...]
INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment”
INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment” February 13, 2004 In a ruling handed down this past week, Federal Judge Richard H. Kyle, of the U.S. District Court of Minnesota, condemned the INS for unlawfully failing [...]
The Latest on Immigration Reform Proposals
The Latest on Immigration Reform Proposals January 23, 2004 No doubt about it, there is lots of talk going around. What about Bush’s amnesty? Who qualifies? How, when and where can I apply? etc. As of this writing, no new [...]
Important Policy Change for Healthcare Professionals in the U.S. Seeking Green Cards
Important Policy Change for Healthcare Professionals in the U.S. Seeking Green Cards November 28, 2003 In the past week, the U.S. Citizenship and Immigration Service’s headquarters in Washington, declared an important reversal of policy, lifting a significant burden off the [...]
US VISIT, DREAM Act, and Special Immigrant Religious Workers
US VISIT, DREAM Act, and Special Immigrant Religious Workers October 31, 2003 Below is a discussion of the status of some of the more significant immigration-related policies and legislative proposals. US VISIT The United States Visitor and Immigrant Status Indicator [...]
Student Adjustment and Farm Worker Legislation at the Forefront of Congressional Debate
Student Adjustment and Farm Worker Legislation at the Forefront of Congressional Debate October 17, 2003 As previously discussed in this column, various pieces of immigration related legislation dealing with farm workers and undocumented status high school graduates have been introduced [...]
A Real Life Tragedy
A Real Life Tragedy September 26, 2003 Believe it or not, some of my most satisfying moments as an immigration attorney are when a client walks out of my office after I inform them that viable options to pursue their [...]
Immigration Service’s Gradual Assignment of Duties to Outside Contractor Draws Criticism
Immigration Service’s Gradual Assignment of Duties to Outside Contractor Draws Criticism September 12, 2003 Over the past couple years, the Immigration and Naturalization Service, now known as the Bureau of Citizenship and Immigration Services, or CIS, began to assign a [...]
The New Visa Lottery (DV-2005)
The New Visa Lottery (DV-2005) August 29, 2003 Like in years past, those from Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, Russia (new to the list), South Korea, United Kingdom (except [...]
I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.?
I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.? August 8, 2003 This is definitely one of the more common questions presented to me as an immigration lawyer. Sometimes the [...]
Proposed “Guest Worker” Legislation
Proposed “Guest Worker” Legislation July 25, 2003 John Cornyn, a Republican Senator from the State of Texas, recently introduced a bill in the U.S. Senate to allow “guest workers” from certain countries to enter the U.S., gain employment authorization for [...]
Common Questions Facing Applicants for U.S. Citizenship
Common Questions Facing Applicants for U.S. Citizenship July 11, 2003 The requirements to become a U.S. citizen by way of an N-400 Application for Naturalization are generally not complicated, although situations frequently arise where significant questions regarding an applicant’s eligibility [...]
Extending Your Visitor Visa Status in the U.S.
Extending Your Visitor Visa Status in the U.S. June 20, 2003 One of the most common requests the Bureau of Citizenship and Immigration Services or CIS (formerly INS) receives is that of the B-1/B-2 visitor visa holder seeking to extend [...]
The Office of Visa Compliance: A New Division of the Department of Homeland Security
The Office of Visa Compliance: A New Division of the Department of Homeland Security June 6, 2003 With the elimination of the Immigration and Naturalization Service (INS), a slew of new government agencies were created to take its place and [...]
DHS to Unveil New “VISIT System” for Travelers to the U.S.
DHS to Unveil New “VISIT System” for Travelers to the U.S. May 2, 2003 By years end, look for the Department of Homeland Security to implement a new entry/exit system that will allow for better screening and tracking of foreign [...]
Responding to Those Thick National Visa Center Packets
Responding to Those Thick National Visa Center Packets When the Alien Relative is in the U.S. April 17, 2003 The following sequence of events may sound familiar. First, the U.S. citizen or lawful permanent resident files an I-130, Alien Relative [...]
Document Shredding: One Way to Reduce Paperwork Backlog at INS
Document Shredding: One Way to Reduce Paperwork Backlog at INS March 28, 2003 If you or anyone you know may have submitted some sort of immigration related filing with the Laguna Niguel, California office of the Immigration and Naturalization Service [...]
New Testing Options for RN’s Seeking CGFNS or ICHP Certification
New Testing Options for RN’s Seeking CGFNS or ICHP Certification March 13, 2003 Without many temporary work visa options available to registered nurses, most R.N.’s seeking to enter or remain in the U.S. have had to proceed directly to the [...]
INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals
INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals February 28, 2003 INS Adjudication Delays As previously covered in this column, INS offices around the U.S. have implemented new security check protocols in the processing of various applications for [...]
LIFE Legalization Filing Deadline
LIFE Legalization Filing Deadline January 31, 2003 Firstly, before any of our readers gets too excited, LIFE Legalization is not a new program. Instead, it is a follow up piece of legislation put in place in the wake of President [...]
Special Registration
Special Registration January 10, 2003 In the past couple months, the U.S. Immigration Naturalization Service, at the direction of the U.S. Department of Justice and Attorney General John Ashcroft, has implemented a program requiring MALE nationals/citizens of certain countries who [...]
Decisions Halted on Applications for U.S. Permanent Residence and Citizenship
Decisions Halted on Applications for U.S. Permanent Residence and Citizenship December 13, 2002 A new security initiative put in place by the INS in the past 2 weeks has led to a halt in the issuance of final decisions on [...]
New Homeland Security Measure to Lead to Reorganization of Immigration Agency
New Homeland Security Measure to Lead to Reorganization of Immigration Agency November 21, 2002 The U.S. Immigration and Naturalization Service – also known as “the INS”, the federal executive agency charged with the implementation and enforcement of our country’s immigration [...]
Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months
Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months November 7, 2002 By federal statute, roughly 500,000 family-based immigrant visas and 140,000 employment based immigrant visas become available each fiscal year, which begins on October 1 [...]
The Misadventures of a Skokie “Immigration Consultant”
The Misadventures of a Skokie “Immigration Consultant” October 17, 2002 As long as there are sign-makers to manufacture signs, individuals are free to purchase their services, create a sign, and call themselves whatever they like. Whether it be a witch [...]
Exceptional and Extremely Unusual Hardship: BIA Reverses Immigration Judge Ruling on an Undocumented Family of 6
Exceptional and Extremely Unusual Hardship: BIA Reverses Immigration Judge Ruling on an Undocumented Family of 6 September 26, 2002 When it comes to deportation proceedings, now known as removal proceedings, the options available for individuals to put up a defense [...]
INS Processing Times in Chicago and Lincoln, Nebraska
INS Processing Times in Chicago and Lincoln, Nebraska September 11, 2002 UPDATE For the most recent processing times, visit CIS ( INS ) Processing Times. Nebraska Service Center, Lincoln, Nebraska Form I-129 – Petition for a Non-Immigrant Worker (which includes [...]
“Aging Out” Children to Benefit from Child Status Protection Act
“Aging Out” Children to Benefit from Child Status Protection Act August 22, 2002 On August 7, 2002, President Bush signed into law the Child Status Protection Act. Although many aspects of this new piece of legislation remain unclear, the general [...]
Significant New Benefits For Employment-Based Green Card Applicants
Significant New Benefits For Employment-Based Green Card Applicants August 2, 2002 For qualifying applicants in the U.S. seeking U.S. lawful permanent residence (“green card”) by way of a job offer, the process has just gotten quicker. Essentially, what used to [...]
INS Chicago Implements New Advance Parole Procedures
INS Chicago Implements New Advance Parole Procedures July 18, 2002 In the past month INS Chicago announced new procedures for the processing of requests for advance parole travel documents, with the major change being a 30 day processing time, rather [...]
Foreign Nationals Graduating High School in U.S. May Become Eligible for New Immigration Benefits
Foreign Nationals Graduating High School in U.S. May Become Eligible for New Immigration Benefits June 27, 2002 With bi-partisan support, the U.S. Senate Judiciary Committee has given the green light to an “amnesty” type legislative proposal that could potentially benefit [...]
New Security Protocols to Cause Processing Delays at INS
New Security Protocols to Cause Processing Delays at INS June 6, 2002 Whether you are applying to extend your nonimmigrant tourist status or to become a naturalized U.S. citizen, the time U.S. Immigration & Naturalization Service will take to process [...]
Proposed DOL Regulations Spell Major Changes for Labor Certification Process
Proposed DOL Regulations Spell Major Changes for Labor Certification Process May 17, 2002 Most foreign nationals seeking U.S. permanent residence, or a “green card”, typically acquire their status by way of a petition of a U.S. relative. The second most [...]
New Legislation: Death of Petitioning U.S. Relative No Longer Means Death to the Immigration Process
New Legislation: Death of Petitioning U.S. Relative No Longer Means Death to the Immigration Process April 26, 2002 INS regulations state that when a petitioning U.S. relative dies, so does the alien relative petition he/she filed on behalf of their [...]
New INS Regulations Severely Impact Visitors to the U.S.
New INS Regulations Severely Impact Visitors to the U.S. April 12, 2002 In response to several recent highly publicized bureaucratic blunders, the U.S. Immigration & Naturalization Service has taken dramatic action in announcing the implementation of several new rules that [...]
New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature
New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature March 22, 2002 By now many have heard that the U.S. House of Representatives passed a new Section 245(i) provision and that all we are waiting [...]
New Provision to Benefit “Self-Petitioning” Battered Spouses
New Provision to Benefit “Self-Petitioning” Battered Spouses March 8, 2002 Thanks to various pieces of legislation enacted over the past decade, immigrants in the U.S. seeking lawful permanent residence (or “green card” status) by way of their marriage to a [...]
More Observations on the Effects of September 11
More Observations on the Effects of September 11 February 22, 2002 It is widely believed among the general public that since September 11 things must be tougher, all around, when it comes to obtaining any immigration benefit or just dealing [...]
Major Changes Set to Be Implemented at Board of Immigration Appeals
Major Changes Set to Be Implemented at Board of Immigration Appeals February 7, 2002 In an effort to reduce substantial case backlogs and overall, the processing time for many immigration related appeals, U.S. Attorney General John Ashcroft has proposed regulations [...]
New Provisions Signed into Law Granting Employment Authorization to Spouses of International Executives and Entrepreneurs
New Provisions Signed into Law Granting Employment Authorization to Spouses of International Executives and Entrepreneurs January 24, 2002 Spouses of E and L visa holders are now entitled to obtain employment authorization pursuant to a bill signed into law by [...]
The Truth about Nurses and U.S. Immigration Law
The Truth about Nurses and U.S. Immigration Law December 6, 2001 It is no wonder everyone and his brother wants to become a nurse recruiter. The demand for registered nurses in the U.S. is sky high and the supply is [...]
Immigration Law in the Wake of September 11
Immigration Law in the Wake of September 11 November 16, 2001 If there is one word I can use to describe the mood in the immigrant communities I have contact with on a day to day basis, it would be [...]
Expediting the Labor Certification Process
Expediting the Labor Certification Process November 2, 2001 Without a U.S. family member to commence an immigration process, many individuals in the U.S., regardless of their status, must resort to an employment-based immigration filing as a vehicle toward achieving U.S. [...]
V Visa Status Now Available for Applicants Already in U.S.
V Visa Status Now Available for Applicants Already in U.S. October 12, 2001 As previously discussed in this column, among the provisions included in the recently enacted Legal Immigration Family Equity Act, or “LIFE Act”, are new avenues by which [...]
Terrorism, Human Nature and U.S. Immigration Law
Terrorism, Human Nature and U.S. Immigration Law September 26, 2001 By: Richard Hanus, Esq. Earlier this month, our nation was victimized by acts that we could only imagine taking place in the movies or our worst nightmares. Cowards, in [...]
The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad
The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad September 12, 2001 The recently created V visa allows certain spouses and under 21 year old children of U.S. lawful permanent residents to obtain immigration [...]
New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens
New Family Visa Regulations Issued with the Aim of Speeding Up Processing of Overseas Spouses and Children of U.S. Citizens August 17, 2001 Included in the Legal Immigration and Family Equity Act (“LIFE Act”) enacted on December 21, 2000, were [...]
U.S. Senate Subcommittee Holds Hearing on Health Care Professional Shortage
U.S. Senate Subcommittee Holds Hearing on Health Care Professional Shortage June 15, 2001 It is no secret that many places in the U.S. are suffering from a severe shortage of healthcare professionals, especially Registered Nurses. The exact nature of the [...]
1 Year Filing Period Begins for Late Amnesty Class Members
1 Year Filing Period Begins for Late Amnesty Class Members May 31, 2001 Starting June 1, 2001 and continuing for a one year period, those who have previously applied for membership as plaintiffs in the CSS, LULAC or Zambrano class [...]
Immigration Legislation Now Pending in Congress
Immigration Legislation Now Pending in Congress May 16, 2001 Firstly, as of May 16, 2001, Section 245(i) of the Immigration and Nationality Act has not been extended beyond April 30, 2001. Among the bills now being considered by Congress, however, [...]
April 30 Has Come and Gone, But Section 245(i) May Come Back For Another Visit
April 30 Has Come and Gone, But Section 245(i) May Come Back For Another Visit May 4, 2001 The magical section of the Immigration and Nationality Act known as Section 245 (i) was born in 1994 and lived a brief [...]
Many Marriage Based Applicants Do Not Need Section 245(i)!
Many Marriage Based Applicants Do Not Need Section 245(i)! March 30, 2001 Headlines like the one appearing in the Chicago Sun Times last week describing the last minute, rushed plans of Chicago area couples to marry in order to beat [...]
More On the “V” Visa
More On the “V” Visa March 16, 2001 As previously discussed in this column, a new visa class – the “V” visa, was created as part of the extensive immigration legislation enacted back on December 21, 2000. And according to [...]
Asylum Granted to Autistic Child
Asylum Granted to Autistic Child February 22, 2001 The actions of government agencies or courts of law are mostly noticed only when something goes wrong or when negative, sensational consequences follow. Whether we will realize it or not, we generally [...]
INS Processing Times in Chicago and Lincoln, Nebraska
INS Processing Times in Chicago and Lincoln, Nebraska February 22, 2001 UPDATE For the most recent processing times, visit CIS ( INS ) Processing Times. Nebraska Service Center, Lincoln, Nebraska Form I-129 – Petition for a Non-Immigrant Worker (which includes [...]
More Follow Up Discussion on the New Immigration Law – Particularly, Section 245(i).
More Follow Up Discussion on the New Immigration Law – Particularly, Section 245(i). February 8, 2001 Follow up discussion on the finer points of the new immigration law is definitely in order. Conversations I have with new and old clients [...]
The New Immigration Law – A Discussion of the Most Common Inquiries and Concerns
The New Immigration Law – A Discussion of the Most Common Inquiries and Concerns January 11, 2001 It comes as no surprise to me that the new immigration provisions recently signed into law, the Legal Immigration & Family Equity Act [...]
A New Window Toward Permanent Residence is Opening: Reinstatement of 245(i) Included
A New Window Toward Permanent Residence is Opening: Reinstatement of 245(i) Included December 21, 2000 By the time this column goes to print, Congress will have finished up its business for the year and President Clinton will have likely signed [...]
The Legal Framework Imposed on Businesses Employing Foreign Nationals
The Legal Framework Imposed on Businesses Employing Foreign Nationals November 20, 2000 The following are excerpts of an interview (along with an introduction) I granted to a leading publication that guides businesses in day to day legal issues concerning their [...]
New H-1B Work Visa Legislation
New H-1B Work Visa Legislation October 13, 2000 In the past couple weeks both houses of Congress have debated a wide range of immigration related issues, and to this point, have managed to come to agreement on just a few [...]
Removing Conditional Resident Status for Marriage Based Immigrants
Removing Conditional Resident Status for Marriage Based Immigrants September 22, 2000 Obtaining U.S. lawful permanent residence by way of a marriage is not a terribly complicated process, in theory. However, in many ways, the immigration process for foreign spouses can [...]
U.S. Department of Labor Proposes “Reengineering” of Employment Based Immigration Process
U.S. Department of Labor Proposes “Reengineering” of Employment Based Immigration Process September 1, 2000 No question about it, the most complex avenue toward lawful permanent residence in the U.S. is by way of the “sponsorship” of a current or future [...]
INS Softens its Position on Some Criminal Aliens
INS Softens its Position on Some Criminal Aliens July 28, 2000 Immigration laws enacted in 1996 practically wiped out the rights of permanent resident aliens to remain in the U.S. following the INS’ initiation of deportation proceedings because of a [...]
Chicago’s INS Office Apparently Lifts Hold on Processing of R.N. and P.T. Permanent Residence Applications
Chicago’s INS Office Apparently Lifts Hold on Processing of R.N. and P.T. Permanent Residence Applications June 22, 2000 For more than a year, the U.S. Immigration & Naturalization Service’s Chicago District Office had been refusing to decide hundreds, if not [...]
Lawsuit Filed on Behalf of Healthcare Workers Awaiting Immigration Benefits
[vc_row][vc_column][vc_column_text] Lawsuit Filed on Behalf of Healthcare Workers Awaiting Immigration Benefits June 9, 2000 In November of 1996 the U.S. Congress enacted into law Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act which requires all health care [...]
More Amnesty Talk in Congress
[vc_row][vc_column][vc_column_text] More Amnesty Talk in Congress May 26, 2000 It is just talk at this point, but that is what Congress and the Clinton Administration are doing with regard to proposals that could benefit as many as 500,000 undocumented or [...]
Consequences of “Whistle Blowing” Can Be the Basis of a Political Asylum Claim
Consequences of “Whistle Blowing” Can Be the Basis of a Political Asylum Claim May 5, 2000 The U.S. Court of Appeals for the 9th Circuit, which has jurisdiction over cases filed in California – among other west coast states, generally [...]
INS Provides Clarification for Affidavit of Support Confusion
INS Provides Clarification for Affidavit of Support Confusion April 21, 2000 It doesn’t take too long to start cringing once you have taken a look at the relatively new I-864 Affidavit of Support form now required of all family based [...]
Organized Labor Calls for Limited Amnesty – Is the Mood of our Nation Changing?
Organized Labor Calls for Limited Amnesty – Is the Mood of our Nation Changing? March 31, 2000 As featured in a previous edition of the Philippine Weekly, the American Federation of Labor – Congress of Industrial Organizations (AFL-CIO) has announced [...]
Congress Again Considers Further Expansion of H-1B Worker Program
Congress Again Considers Further Expansion of H-1B Worker Program March 10, 2000 As this article is being written, Congress is considering a variety of new provisions that will expand upon and revise the laws that currently govern the issuance of [...]
Nurses, Immigration and the Philippines
Nurses, Immigration and the Philippines February 11, 2000 In recent weeks, I have received an unprecedented number of inquiries relating to immigration issues affecting nurses from the Philippines. Is it really true that visas are now available for foreign nurses [...]
The Tragedy of Elian
The Tragedy of Elian January 21, 2000 Behind most interesting news stories there usually exists some form of human tragedy. Clearly this is the case with the story of Elian Gonzales, the young Cuban boy who floated to the shores [...]
INS Urged to Use Guidelines for Exercise of Discretion in Initiating Removal Proceedings
INS Urged to Use Guidelines for Exercise of Discretion in Initiating Removal Proceedings January 7, 2000 By now, most of our U.S. representatives and Senators across the U.S. are well aware of the extreme hardship many U.S. families are facing [...]
INS Grants Expedited Processing for Relatives of U.S. Healthcare Workers
INS Grants Expedited Processing for Relatives of U.S. Healthcare Workers December 17, 1999 No question about it, in recent years registered nurses and physical therapists applying for permanent resident status in the U.S. have gotten the short end of the [...]
The Scams Continue
The Scams Continue October 1, 1999 Make no mistake about it, for every vulnerable person in this world, there is always going to be a predator to take advantage of them, especially in the world of the visa overstay or [...]
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